ESTER INDIA EMPLOYEES UNION Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard the learned counsel for the parties at length. By the present writ petition the petitioner has prayed for setting aside of the order dated September 11, 2003. Further prayer was made directing the respondent No. 1 to decide the impugned reference on merit.

(2.) Brief facts giving rise to the present writ petition are that Ester Industries Ltd. is a company registered under the Companies Act, having its registered office at Khatima, District Udham Singh Nagar and Head Office at 75-76, Amrit Nagar. The controversy in the present writ petition is as to whether the Industrial Tribunal has power to look into the validity of reference made by the State Government as well as scope of Section 4-K read with Schedule I of U.P. Industrial Disputes Act, 1947.

(3.) The counsel for the petitioner has submitted that the claim of the workmen for payment of arrears of bonus became due for the period 2000-01 at the rate of 20%. The bonus claimed by the workmen was withheld by the management on the ground that the company is under loss. A notice dated November 24, 2001 for going on strike was given by the petitioner to the management stating therein that if the management fails to resolve the demand of the workers, the workers would go on strike from December 10, 2001 as on December 19, 2001 the management has suspended nine workers and thirteen workers on January 9, 2002.