G.M. Lodha, J. - (1.) This Writ Petition has beet filed by the management of Aravali Forgings Limited, Bhiwadi, District Alwar and Mr. R.K. Mittal, Joint Managing Director of this Company challenging the validity of the reference made to the Labour Court vide Annexure-5, dated 19-1-1982 which reads as under:- ...[VERNACULAR TEXT OMITTED]...
(2.) The undisputed facts of this case as submitted by Mr. Bhandari are that there was some 'Tool down stay in strike' in the petitioners factory from 2-12-1981. On 6-12-1981, the management notified that those employees who were on 'tool down stay in strike' and who want to come on work, would be allowed to enter the premises on giving the following undertaking. The undertaking-in-terms contains the admission of an employee on the following : (i) Thai tool down stay in strike commencing from 2-12-1931 is illegal, (ii) that he would not claim wages for this period, (iii) that he would not participate in any strike for a period of one year and will not put any demand in view of the Arbitration Award dated 19-5-1981, (iv) that he would assures that he would work honestly efficiently in the factory. A note was also contained in this undertaking that those employees who would not give this undertaking would not be allowed to join and it will be presumed that he is continuing in tool down stay in strike and for that separate proceedings will be taken against them.
(3.) In pursuance to the above, many employees have undertaking, though the exact numbers have not been given by the petitioner in his writ petition any where as to how many employees gave the undertaking and joined work. In Paras Nos. 13, 14 and 15 of the Writ Petition, all that has been mentioned is that workers were on strike and leaders instigated not to respect the earlier Award, but nowhere it has been mentioned as to how many workers were in fact on strike and how many of them joined after giving the above undertaking. Ali that has been mentioned is that the strength of the petitioner's company's factory was more than 100.;