Palok Basu, J. - (1.) In this writ petition the petitioner has challenged the Order No. 7012-17 (Shra As)/36-Shram (1) Swatah Sandarbh 2(27)/92 (Ghaziabad) dated September 5, 1992 passed by the State of U.P. making the following reference for adjudication before the Industrial Tribunal (V) Meerut:Matter of dispute "Whether the act of the employers concerning 241 workers named in the annexure in declaring lock-out from May 10, 1992 was unjustified and/or illegal? If yes, men to what relief or order are those workers entitled to and with what other benefits?
(2.) It may be mentioned here that receiving the aforesaid Reference the Industrial Tribunal concerned registered it as Adjudication case No. 138 of 1992 and commenced proceedings in which the petitioner and the opposite party No. 3 namely, All India Engineering & General Mazdoor Union were shown as parties. On receiving notice, the petitioner has rushed to this Court under Article 226 of the Constitution of India in the form of the present writ petition challenging the said reference which has been made under Section 4-K of U.P. Industrial Tribunal Act, 1947, hereinafter referred to as the Act.
(3.) Sri J.N.Tiwari, learned Senior Advocate, assisted by Sri Rakesh Tiwari, learned counsel for the petitioner have been heard at length in support of this writ petition. Sri K.P. Agrawal has espoused the cause of the Union while Sri S.P. Maurya has argued the matter on behalf of the State of U.P., though no counter affidavit was filed by the State.;