RAVI R.TRIPATHI - (1.)The present petition is filed by Amarsy Exports Private Limited challenging the order dated 20.2.2001, which is produced at Annexure-K to the petition, on various grounds. Before the said challenge can be examined, the short facts giving rise to the present proceedings are required to be stated herein.
(2.)That certain demands of the workers of the petitioner-unit were pending for the last about 10 months, as is mentioned in the public notice dated 16.10.1999, which was issued by the petitioner, a copy of which is at Annexure-C to the petition. It is the case of the petitioner that in support of the said demands the workers issued threats and there was deliberate go-slow attitude on the part of the workmen and as an off-shoot of the said attitude of the workers, on the night preceding 6.10.1999 i.e. there was some rioting in the unit and damage was caused by stoning and therefore the management had declared lock out. This fact is borne out from the public notice, which is produced at Annexure-C to the petition.
(3.)The Assistant Commissioner of Labour, Valsad, has filed an affidavit-in-reply in Special Civil Application No.1313 of 2000, wherein in para 3 it is stated that the Union had raised a charter of demands vide letter dated 21.1.1999 and the Assistant Commissioner of Labour, Valsad, had registered Case No.6 of 1999. A preliminary discussion was held between the parties on 3.2.1999 and 10.2.1999. It is also stated in the said affidavit-in-reply that various demands were admitted into conciliation on 10.2.1999. Thereafter the conciliation proceedings were in progress between 22.2.1999 to 12.4.1999. But as both the parties did not come to an amicable settlement, a failure report under Section 12(4) of the Industrial Disputes Act, 1947, was submitted to the State Government vide letter No.ACL/VAL/IDC/2746 to 2748 dated 5.5.1999. These dates become relevant as the validity of the lock out, which came to be declared on 6.10.1999, is the subject matter of order dated 20.2.2001.