- (1.) A reference was made to the Industrial Tribunal under Section 10 of the Industrial Disputes Act and the following question was referred: "Whether the workmen shown in Annexure 'a' are entitled to wages for the lockout period w. e. f. February 11, 1995 and, if so, what directions are necessary in this respect -
(2.) The Management of the Hospital, which is the third respondent in these appeals, filed a writ petition for quashing of the reference on the ground that the real dispute between the parties as to whether a lockout was presumed and the consequential question was referred but not, the basic question and, therefore, the reference is bad in law. The stand of the Management is that there is no lockout at all. Learned Single Judge before whom the matter came up for consideration took the view that the dispute actually referred did not reflect the real dispute between the parties the Management having disputed the very existence of lockout and hence issued the writ quashing the reference.
(3.) The workmen filed an appeal to the Division Bench stating that the relevant material placed, before the Government having been considered the real dispute between the parties had been. referred to the Industrial Tribunal and that the order in question being administrative in nature could not be interfered with at all. The High Court examined the matter and took the view that the learned Single Judge is justified in quashing the order of reference.;