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5. While the first set of claim petitions were pending, the same set of contesting respondents filed the second batch of Claim Petitions in C.P.Nos.773 to 777 of 2004 for the subsequent period from 1.11.2003 to 14.7.2004 claiming wages on the basis of the earlier right.

6. The Labour Court consolidated all the claim statements and conducted a joint trial. It also issued notice to the petitioner management. The petitioner management filed individual counter statements in all the claim petitions. The stand taken by the management was that the dismissal of the workmen was preceded by a regular domestic enquiry and in accordance with the principles of natural justice and they were dismissed for grave act of misconduct. Therefore, they are not eligible for any wages. They have also stated that it is in the welfare of other workers, the partial lock out was declared on the contesting respondents on 6.8.2002. The said power to declare partial lock out is very much available to the management under the provisions of the Industrial Disputes Act. Declaration of partial lock out will not alter the service conditions of the workers and therefore Section 33 of the I.D.Act is not attracted. Without prejudice to the above contention, the management also stated that the Government Order referring the dispute for adjudication, namely G.O.(D) No.801, L& E Department dated 12.8.2003 was received by the management only on 30.8.2003. Even before the receipt of the said order of reference, the petitioner management had dismissed the workmen on 13.8.2003. Therefore, according to them, the question of seeking approval from the adjudicating authority did not arise.