HOTEL HANS PRIVATE LIMITED Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This writ petition is filed by M/s. Hotel Hans Pvt. Ltd. against the order of the Secretary (Labour), Delhi Administration dated 2'.3.1989, prohibiting the continuation of lock out under Section 10(3) of the Industrial Disputes Act as the dispute between the Management and the workmen, represented by Hotel Mazdoor Union, was pending adjudication before the Industrial Tribunal-III Delhi.

(2.) 85 workmen of the petitioner had given a charter of their demands in December, 1989 for raising their remuneration, dearness allowance and similar monetary benefits. The actual demand was raised by them through a Statement of Claim dated 6.1.89 before the Conciliation Officer. Apparently a, there was a partial strike by the workmen by the end of December, 1988, resulting into the alleged stoppage of egress and ingress to the Hotel. The Management secared a restraint order from this Court on 9.1.1989, for holding demonstrations within the radius of 60 ft. from the building. According to the Management on 18 1.1989 the Workmen refused to join duty. According to the Workmen the Management refused to give them work. On the same day the workmen approached the Labour Authorities for refusal on the part of the Management to give them work and declaring illegal lock out. The Management was, therefore, asked by the Labour Inspector to be present before the Assistant Labour Commissioner on 23.1.1989 for the resolution of the dispute.

(3.) On January 21, 1989, in reply to the said letter, the Management informed that although the Hotel was running smoothly, the workmen had absented themselves and the factual position can be ascertained by the authorities by a visit to the Hotel. On the same day the Management purported to issue memos to the workmen for absenting from work. They allegedly sent a notice on 25.1.1989 to the workmen informing them that they were not interested in the jobs as they had abandoned the work and that they should contact the Accounts Department for the settlement of their accounts.