00181247

open access

Version of Record

インド ニオケル ストライキチュウ ノ チンギン モンダイ

Payment of Wages During Strike Period in India

Japanese (日本語)

国際協力論集

5(2)

61-75

神戸大学大学院国際協力研究科

1997-11

2007-04-19

In India the Supreme Court has ruled that workers are entitled for wages for strike　period if the strike is both legal and justified. This ruling was developed mainly by late Chief Justice P. B. Gajendragadkar of the Supreme Court on the ground that workers should be protected from poverty even during strike period under the policy of Socialistic Pattern of Society adovacated by late Prime Minister Jawaharlal Nehru. But a division bench of the Supreme Court held on 4 May 1990 that employers had a right to deduct wages unilaterally without holding an inquiry for the period the employees went on strike or resorted to go-slow，whether the strike or go-slow was legal or illegal (Bank of India v. T.S.Kelawala and Ors.， S.U.Motors(P) Ltd. v. Their workmen 1990(2.) L.L.J.39). This judgment was made under the doctrine of labour contract. On 13 September 1994 the consituitional bench of the Supreme Court held the traditional interpretation even under the doctrine of the above-mentioned judgment. Namely， workers are not entitled for wages for the strike period even if the strike is legal， but wages are paid only when the strike is legal and justified (State Bank of India and others v.State Bank Staff Union，AIR 1995 Supreme Court 319). This judgement was issued after the policy of liberalization of Indian economies declared by former Prime Minister P.V.Narasimha Rao in 1991. This revealed that the Supreme Court could not completely maintain the doctrine of labour contract under the new free market economies in India. Therefore in solving wages problem for strike period，the Supreme Court adjudicated the policy of Socialistic Pattern of Society and liberalization of Indian economies. In the future this problem will be an interesting theme for comparative studies among industrializing and industrialized countries.

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