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off as illegal. Hence, the petitioner prayed to set aside the impugned order.

3. The fourth respondent union has filed a detailed counter-affidavit contending contra. The fourth respondent has stated that the union had never consented for reduction of labour force or for deployment on rotation basis. According to the fourth respondent, the union had filed a claim petition in CP No.2 of 2019 for implementing the award in I.D.No.50 of 2004 and the same is pending before the Labour Court, Hosur. The petitioner has declared a lock out of the factory on 09.01.2006 and the union had raised an industrial dispute as against the illegal lock out and the same was taken on file as I.D.No.20 of 2007. The Labour Court has declared the said lockout as illegal and unjustified and https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 04:16:35 pm ) directed the management to lift the lockout within a period of three months from the date of the award and provide employment to the workmen. The Labour Court has also held that the workmen would be entitled to full wages from 09.01.2016 till the date when the lockout is lifted, along with consequent benefits.

Arguments:

4. The learned counsel for petitioner submitted that it is not the pleasure of the management to indulge in lockout or lay-offs and that there was a genuine financial crisis, which was beyond the control of the petitioner management. Learned counsel also submitted that the market was flooded with cheap variety of similar bearings and therefore, the business was badly hit. This has resulted in weak financial position of the petitioner management and the very foundation of the petitioner management was shaken. Production became very low and the petitioner could not pay its employees properly. The workers were aware of the weak financial position of the petitioner management and they consent for lay-offs, rotation of employees and partial suspension of production. Without appreciating any of these core issues, the Labour Court has https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 04:16:35 pm ) held the lay-offs as illegal.

6. The learned counsel further submitted that to execute the award passed in the impugned order, the Union had filed a claim petition in C.P.No.2 of 2019 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2025 04:16:35 pm ) which is pending before the Labour Court, at Hosur. Not withstanding the earlier defeat, the management had resorted to another lock out of the factory on 09.01.2006. The respondent union was forced to raise an industrial dispute and the same was taken on file as I.D.No.20 of 2007. The Tribunal had declared the lockout as illegal and unjustifiable and directed the petitioner to lift the lockout within a period of three months and provide employment to the workmen. Challenging the said order the learned counsel submitted that the petitioner has filed W.P.No.25463 of 2017 before this Court and the same is pending. The learned counsel summed up his arguments stating that the management wanted to close the factory once and for all and it is leaving no stone unturned to achieve its object. The learned counsel therefore submitted that the impugned order does not require any interference and the same may be sustained. Discussion and disposition:-

10. It is also seen that the workers union has filed a claim petition in C.P.No.2 of 2019 to execute the award passed in the impugned order and the same is pending on the file of Labour Court, Hosur. Moreover, during the pendency of the proceedings in I.D.No.50 of 2004, the petitioner management has declared a lock out of the factory on 09.01.2006. The fourth respondent Union has raised an industrial dispute as against the lockout and the same was taken on file in I.D. No.20 of 2007. The Labour Court has passed an award dated 07.01.2016 holding that the lockout declared by the management was illegal and unjustified and directed the management to lift the lockout within a period of three months from the date of award and provide employment to the workmen.