GODREJ APPLIANCES LTD. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Article 226 and 227 of the Constitution of India for issuance of direction to amend the reference order dated 5.3.2001 passed by the State Government for adjudication to the Industrial Tribunal. The said order regard as under:-

(2.) The learned Senior Advocate appearing for the petitioner is aggrieved against para 2 of the above said order inasmuch as the actual dispute between the parties was assumed. In fact, it is to be first seen whether there was a 'Lock Out' on the part of the management before the consequential question of a 'Lock Out' by the management is referred to the Industrial Tribunal.

(3.) The learned counsel for the respondent/State on instructions from Sh. Jacob Pratap, Labour-cum-Conciliation Officer, Mohali, who has filed affidavit in this case on behalf of the State, has stated that the said reference in para 2 above was made on the assumption that the management did not allow the workmen to join their duties after 21.1.2001. He further states that the State government is willing to reconsider the matter and for this purpose the Labour Commissioner would also hear both the parties and pass appropriate order making a reference with regard to the actual dispute between the parties in relation to para 2 of the order dated 5.3.2001.