Gujarat Steel Tubes Case: Does the Supreme Court Give a Coherent Framework on Imposition of the Penalty of Dismissal for Participation in Illegal Strikes?

Abstract

Taking into consideration the standing orders of an establishment, the employer has the power to terminate the services of his employees for transgression. But a proper inquiry has to be substantiated nonetheless, before such a punitive dismissal. It has to be determined whether the alleged workman was, in fact, involved in the collective delinquent action, and every workman has to be given a chance to prove his/her innocence. This aspect of industrial jurisprudence has been clearly analyzed in Justice Krishna Iyer’s judgment in Gujarat Steel Tubes and Others v Gujarat Steel Tubes Mazdoor Sabha and Others.

Keywords: illegal strikes, Gujarat Steel tubes case, mazdoor sabha, dismissal, penalty