- (1.) With the consent of parties, writ petition is heard finally.
(2.) By this petition, a challenge is made to the order dated 10th April, 2015 passed by the respondent No.1 under Section 10(3) of the Industrial Disputes Act, 1947 (in short "the Act of 1947"). Learned counsel for petitioner submits that a reference of the dispute was made to the Labour Court by the appropriate government vide order dated 11th December, 2012. The reference not only pertains to termination of eight workmen but as to whether strike or lock out is justified or not and the relief. Once a dispute about strike and lock out is referred, powers under Section 10(3) of the Act of 1947 cannot be exercised by the government. The reliance is placed on the judgment of the Division Bench of this court in the case of Maharaja Kishangarh Mills Ltd. Vs. State of Rajasthan, 1953 AIR(Raj) 188 apart from judgment of the Division Bench of Patna High Court in the case of Badri Narayan Saha & Anr. Vs. Union of India & Ors., 2001 3 LLJ 998. In both the cases, it was held that once dispute of strike has been referred, powers under Section 10(3) of the Act of 1947 cannot be exercised. In view of judgments , impugned order becomes illegal and thus deserves to be set aside.
(3.) Learned counsel for respondents have opposed the petition. It is submitted that reference of the dispute was made by the appropriate government vide order dated 11th December, 2012. The order prohibiting lock-out was passed by the respondent No.1 vide order dated 10th April, 2015. The similar issue was before the Hon'ble Apex Court in the case of Delhi Administration Vs. Workmen of Edward Eventers & Anr., 1978 2 LLJ 209. In view of above, writ petition deserves to be dismissed as the order passed under Section 10(3) of the Act of 1947 is permissible on a reference of the dispute to the Industrial Tribunal which includes reference of dispute of lock-out and strike. Thus while maintaining the impugned order, writ petition be dismissed. I have considered the rival submissions made by the parties and perused the record.;