S.R.Singh, J. - (1.) The writ petition is directed against the Notification dated June 16, 1992 issued by the State Government under Section 3(a) of the U.P. Industrial Disputes Act, 1947 (herein after referred to as the Act) published in Extra Ordinary Official Gazette Uttar Pradesh under Section 19 of the said Act on the same date. The State Government in purported exercise of its power under Section 3(a) of the Act has prohibited lock-out in M/s. Prag Vanaspati Product for a period of 180 days w.e.f. the date of publication of the Notification in the Official Gazette. The notification being relevant for the purposes of discussing the controversy involved the case is quoted below:
(2.) M/s. Prag Varnaspati Product, the petitioner is a registered firm engaged in manufacture of Vanaspati. It is an Industry within the meaning of the term defined in Section 2(k) of the Act. The production in the petitioner-factory was, it is alleged, quite smooth and normal upto 1990 but in the month of January, 1991, the workers of the factory are said to have adopted go slow tactice and subsequently they are said to have indulged in further activities of lawlessness and of causing damage to the factory property as a result whereof, it is alleged, the petitioner was compelled to suspend the production in the factory in the month of February, 1991, though the payment of salary to the workers was not stopped and in order to discharge its liability to pay the salary to its workers continuously the petitioner took job work from the National Dairy Development Board, Noida which according to the petitioner was not liked by the workers' and their union and therefore, they deliberately commuted mischeifs by their action and in actions so as to delay the completion of job work undertaken by the petitioner from the national Dairy Development Board, Noida. In the circumstances stated herein before and as a result of acts of commission and omission amounting to mischief and negligence on the part of the workers, the petitioner had to pay about Rs. 3,00,000/- (three lacs only) as damages to the National Dairy Development Board. It is alleged that on the one hand workmen made it impossible for the petitioner to run the factory and on the other they were not allowing by their illegal and unlawful activities, the finished stock to be moved out of the factory. The petitioner had to write a letter to the secretary, Vanaspati Workers Union on November 20, 1991 stating therein that in that the members of the Union were indulging in anti-social and unlawful activities and they were not permitting the petitioner to have access to the record of the factory nor were they permitting the petitioner's executives and officials to load, unload, shift and remove the raw materials, chemicals and their products lying in the factory premises resulting in great monetary loss to the petitioner. It is also alleged that illegal and unlawful activities and unruly behaviour of the workers continued despite informations to the District Administration, namely, the District Magistrate and the police authorities and, therefore, it is alleged, the petitioner was compelled to issue notice to the workmen informing them that the petitioner proposed to declare lock-out w.e.f. November 30, 1991 in various Departments of the factory specified in the notice dated November 9, 1991.
(3.) Despite notice to declare lock-out the situation did not improve and workmen, it is alleged continued to harass the petitioner in every possible manner due to which the petitioner had to declare lock-out in the factory premises w.e.f. November 30, 1991 at 8 a.m. It is also alleged that despite declaration of lockout the situation did not improve and the District Administration viz. the District Magistrate and the Senior Superintendent of Police, Aligarh failed to provide requisite, protection despite request.;