M.H.S.ANSARI, J. - (1.) In the instant writ petition the 1st petitioner is the workmen Union and 2nd petitioner is its General Secretary. Petitioners have questioned the Award passed by the Eighth Industrial Tribunal, West Bengal in Case No. VHI-74/88 which was referred to it by the State Government Order No. 239/IR/4L-6-86 dated January 30, 1988. The said Award has been published in pursuance of Section 17 of the Industrial Disputes Act, 1947 (for short the Act).
(2.) Three issues were referred to the learned Tribunal under Section 10 of the Act, for adjudication, and the same read as under: "1. Whether order dated November 28, 1985 transferring Shri B.N. Sharma from Entally Unit to Barabazar Unit is justified? To what relief, if any, is he entitled? 2. Whether lock-out of the establishment at 25, Dr. Suresh Sarkar Road, Calcutta-700 014 with effect from March 11, 1986 and lockout of the establishment at 134/4, M.G. Road, Calcutta-700 007 with effect from April 8, 1986 are justified? To what relief, if any, are the workmen entitled? 3. Whether the closure of the establishment at 25, Dr. Suresh Sarkar Road, Calcutta-700 014 and 134/4, M.G. Road, Calcutta-700 007 is real? To what relief, if any, are the workmen entitled?"
(3.) The learned Tribunal recorded the oral evidence and also marked documentary evidence. Based thereupon and also upon the oral submissions made by the respective parties it returned its findings on the said three issues in favour of the respondent Management. Issue No. 1 was answered in favour of the employer firm and it was held that the transfer of Shri B.N. Sharma is a bonafide and justified one. With reference to issue No. 2, the learned Tribunal returned the finding that the lock-out of the establishment of the firm at 25, Dr. Suresh Sarkar Road, with effect from March 111, 1986 and the lock-out of the Branch of the firm at 134/4, Mahatma Gandhi Road with effect from April 8, 1986 were justified. With reference to issue No. 3, the learned Tribunal came to the conclusion that the closure is a genuine one.;