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Showing contexts for: MODISTONE in Modistone Limited vs Secretary (Labour) & Anr. on 29 July, 1999Matching Fragments
1. This writ petition challenges the Order dated 11.3.1998 issued by Secretary (Labour), Delhi Administration prohibiting the continuance of lockout in respect of the concerned workmen at 3434, Nicholson Road, Kashmere Gate, New Delhi - 110 006 as well as Corporate Office at 4-7C, DDA Shopping Centre, New Friends Colony, New Delhi - 110 065 of M/s Modistone Ltd., the petitioner herein.
2. The writ petitioner submitted that due to disruptive activities by the union at the Central Factory, Mumbai, the business and distribution in Delhi was affected. On 22nd September, 1997, a lock-out was declared in Bombay Unit after issuing the notice dated 22.9.97.
3. It is the case of the petitioner-Company that subsequent to the lockout at Bombay Unit, the work activities were severely affected in the Delhi Unit and the management was thus compelled to declare a lockout on 29.9.1997.
4. On 11.3.1998, the respondent No. 1 passed the impugned order which reads as follows :
"Whereas an Industrial dispute between the management of M/s Modistone Limited, 3434, Nicholson Road, Kashmere Gate, Delhi-6 with its corporate office at 4-7C, DDA Shopping Centre, New Friends Colony, New Delhi-65 and its workmen as represented by Employee Union Firestone Tyre & Rubber Co. of India Pvt. Ltd., H.No. 1685, Bhagirath Palace, Delhi-6 has been referred for adjudication to Industrial Tribunal No. 1 presided over by Shri V.P. Kalra vide order No. F.24 (1753)/98-Lab./7182-87 dated 11.3.98.
And whereas I am satisfied a lock-out has been resorted by the management in respect of its District Office and Godown at Hassan Building, Nicholson Road, Kashmere Gate, Delhi-6 w.e.f. 3.10.97 in respect of S/Shri J.K. Rehan, H.K. Bhambani, B.G. Krishan, P.S. Soni, Darban Sing, Surinder Singh, Madan Lal, Baldev Singh and Jagdish Chander and which is still and continued and therefore in exercise of the powers conferred by the sub-section 3 of the Section 10 of the Industrial Disputes Act, 1947, I, Chaman Lal, Secretary (Labour), Govt. of the National Capital Territory of Delhi prohibit the continuance of lock-out forthwith in re spect of the above workmen of M/s Modistone Limited, 3434, Nicholson Road, Kashmere Gate, New Delhi-6 with corporate office at 4-7C, DDA Shopping Centre, New Friends Colony, New Delhi-65"
8. The respondent No. 2/Employees Union of the petitioner-Company in reply has submitted that an Order under Section 10(3) of the Industrial Disputes Act, 1947 prohibiting the continuance of strike/lock-out is not justiciable by virtue of the law laid down in the judgment of this Court which is reported as Keventers Karamchari Sangh Vs. Lt. Governor of Delhi 1971 (ii) LLJ 375. It is further submitted by the respondent No. 2 that the declaration of the lock-out on 3.10.97, when the industrial disputes by Order of Reference dated 1st July, 1992 and an Order of Reference dated 17th February, 1994 relating to the workmen employed in the lock-out establishment, were pending adjudication before the Industrial Tribunal, Delhi, has not been disputed by the petitioner. The petitioner-Company/Modistone Ltd. is a successor in Delhi to Firestone & Rubber Tyre Company of India Ltd. and of Bombay Tyres International Ltd. The lock-out during the pendency of the industrial dispute is thus forbidden under the provisions of Section 23(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as he said Act). The relevant extract of the above provisions of Section 23(b) reads as follows: