BARIUM CHEMICALS LTD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Briefly, the facts of the case, as stated in the affidavit filed in support of the above writ petition, are:

(2.) The petitioner Company, which is engaged in manufacturing and sale of Barium salts, is said to be situated in a highly disturbed and backward area of Khammam District. That due to various adverse marketing conditions and non Co-operation from the workmen, including sabotage, the petitioner Company miserably failed in production and also in sale of the Barium Chemicals. That due to various disturbances and creation of an atmosphere of violence, it is neither possible nor safe for the petitioner to run the factory anymore and under these circumstances, the petitioner declared lock-out or temporarily closed the factory on 11-6-1995. The State Government- Respondent No. 1 herein, issued G.O.Rt.No. 2473, prohibiting the continuation of the said lock out and also issued another order G.O.Rt.No. 2472 referring the issue, mentioned in the Annexure thereto, for decision of the Industrial Tribunal under Section 10(1) of the Industrial Disputes Act. The issue thus referred to the Industrial Tribunal reads as under: "Whether the workmen of M/S. The Barium Chemicals Ltd., Ramavaram, Khammam District are entitled for the lock-out wages from the date of lock-out i.e., 9-6-1995 declared by the Management of the Barium Chemicals Ltd. If not to what relief the workmen are entitled?" These two orders G.O.Rt.No. 2472 and G.O.Rt.No. 2473 are assailed in this Writ Petition and declaration is sought for quashing the said Government orders and seeking a further direction against respondents to pay damages or compensation as may be estimated.

(3.) The petitioner filed a Miscellaneous Petition seeking suspension of the impugned orders pending disposal of the Writ Petition. Time was granted to the respondents to file their Counter which has since been filed and accordingly with the consent of counsel for the parties, the Writ Petition itself was taken up for hearing and final disposal.