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The factual milieu surrounding the strike-lock-out complex, as neatly presented by Shri Kapil Sibbal, shows how the flow of events exonerated the Unions of serious impropriety and the employer was trying to be too clever. When the workers struck, the Management put up a notice of closure wherein it was stated:

"The stay-in-strike resorted to by the workmen is unjustified and illegal in view of the pendency of the proceedings before the Fifth Industrial Tribunal and also violates the Code of Discipline. The representatives of the Unions were made aware of this fact when the management met them to discuss their demands today.