- (1.) THE petitioner, which is a corporate industrial establishment and engaged in the manufacturing of edible oil by oil seeds, had availed of the services of respondent No. 2 and 29 others as workmen in the factory. It is contended in the writ petition that on October 20, 1983, some of the employees entered in the office of the petitioner establishment and indulged in rowdy behaviour against the management. Under the circumstances, on November 5, 1983, the management had by a notice in writing served all the employees to return their attendance cards to the factory guard for preparing salary sheet for the month of October, 1983. It has been further stated on behalf of the petitioner that in spite of the notice, the employees did not return their attendance cards and in the meanwhile they chose to file a petition under Section 15 (2) of the Payment of Wages Act, 1936 (hereinafter referred to as "the Act"), for recovery of wages.
(2.) IN the meanwhile, the management of the petitioner-firm declared a lock-out in the establishment with effect from October 31, 1983.
(3.) ON November 8, 1983, respondent No. l (Authority under the Act) issued notice to the petitioner fixing the date of attendance before the Authority on November 11, 1983, which was duly served upon the petitioner on November 12, 1983. It is contended by learned counsel for the petitioner that it was not possible for the petitioner under the circumstances to have attended the proceedings held before the Authority on November 11, 1983.;