KANSHAHAL MAZDOOR UNION Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner union has sought a direction to the State Government in the Labour and Employment Department to make a reference to the Industrial Tribunal for adjudication as to whether the lockout declared by the management of opposite party No. 2 with effect from 6 a. m. of April 6, 1987 till April 16, 1987 was legal and justified.

(2.) KANSHAHAL Mazdoor Union (petitioner) is a registered trade union duly recognised by the management. On April 1, 1987 the management complained before the Deputy Labour Commissioner, Rourkela, about stay-in-strike and other illegal acts of the workmen from 8. 20 a. m. of that day. The Deputy Labour Commissioner conducted on the spot inquiry on said date and found the complaint to be true. The situation did not improve and ultimately the management by notice dated April 5, 1987 declared lock-out as above. The Deputy Labour Commissioner upon inquiry being satisfied about the existence of an industrial dispute because of alleged adoption of a promotion formula by the management initiated conciliation proceeding on April 6, 1987 and invited the management, petitioner union and the other union Kanshahal Shramik Sangha (opposite party No. 4) for discussion. The petitioner union while denying existence of stay-instrike declined in writing to participate in the proceedings stating further that no dispute had been raised by them nor any dispute was in existence in the industry. They, however, alleged that action of the management in declaring lock-out of the factory was illegal, unjustified and motivated.

(3.) IN the conciliation proceeding, Kanashahal Shramik Sangha challenged the promotion formula adopted by the management. In reply the management while contending that they were following the promotion policy embodied in the long-term settlement dated September 28, 1983 with the petitioner union without any departure, asserted that the workmen illegally resorted to stay-in-strike creating an atmosphere of tension with apprehension of violent clashes between the striking and willing workmen and danger to the plant justifying declaration of lock-out.