RAM PHAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This writ petition is filed by the workmen of Mohan Spinning Mill at Rohtak for issuing a writ of mandamus directing the State of Haryana to refer the dispute to the Labour Court for determination under Section 10 of the Industrial Disputes Act (hereinafter referred to as the 'Act').

(2.) The petitioners are working as Helpers in Mohan Spinning Mill at Rohtak. According to them, the Management resorted to illegal lock out on November 7, 1991, and the union of employees protested and agitated for withdrawing the lock out. Subsequently, on April 4, 1992, the Management resumed the functioning of the Mill after withdrawing the lock out. According to the petitioners, they went to the Mill for attending their duties but the Management did not allow them to resume their duties. Therefore, they served a demand notice under Section 2-A of the Act and the petitioners requested through their union for making a reference of the dispute to the Labour Court, as the petitioners were illegally prevented from resuming their duties after withdrawing the lock out. Accordingly, a demand notice was made for referring the matter to the Labour Court for its determination. The State of Haryana declined to refer the dispute for adjudication to the Labour Court vide its order dated August 6, 1993 (Annexure P-3). Challenging the said order and seeking a writ of mandamus directing the Government to refer the dispute to the Labour Court, the petitioners have approached this Court by way of this Writ Petition.

(3.) There is no dispute that the petitioners were working in the Mohan Spinning Mill as Helpers. According to the petitioners, the Management illegally declared lock out on November 7, 1991. It is the further case of the petitioners that when they went to the Mill to resume their duties, they were not allowed to enter the premises of the Mill and, thus, the Management dispensed with their services. Therefore, they raised an industrial dispute and requested the State Government to make a reference to the Labour Court for adjudication of the dispute under section 10(1) of the Act. Section 10(1) of the Act provides that "Where the appropriate Government is of the opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing:-