M/S. Modern Foundry & Machine Works Ltd. vs The State Of Maharashtra & Others on 16 March, 1999
11. The next question to be considered is whether a hearing was required to be given to the petitioner before the order under section 10(3) of the I.D. Act was passed, thereby, prohibiting the continuance of the lockout commenced from 20-10-1996. This issue is no more res integra. This Court in the case of Shree Digvijay Cement Company Ltd. v. State of Maharashtra, 1986 (I)C.L.R., pg. 272 held that a plain reading of section 10(3) of the Act makes it clear that the powers conferred under it could be exercised by the State Government provided an industrial dispute has been referred to the tribunal & the dispute which is referred is in respect of the action of the management in suspending the work & declaring a lockout and such a dispute has a direct connection with the action of the management. This Court further held that it was not necessary to issue a show cause notice before exercising the powers under section 10(3) of the I.D. Act.