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1996 Supreme(SC) 883

K.RAMASWAMY, SUJATA V.MANOHAR
Hal Employees Union – Appellant
Versus
Presiding Officer – Respondent


ORDER

This appeal by special leave arises from the award of the Industrial Tribunal, Lucknow made in Adj. Case No. 7708/83 on 28.4.1984. The admitted facts are that the respondent declared lock-out from 4/5th June, 1978 and wages to the workmen were deducted for that period. An industrial dispute was raised which came to be referred under Section 4-K of the U.P. Industrial Disputes Act, 1947, the State Act which is equivalent to Section 10(1)(c) of the Industrial Disputes Act, 1947, the Central Act. The Tribunal after considering the entire evidence on record and appreciating the diverse contentions raised by the counsel on either side, recorded, as a fact, the finding that the lock-out declared by the respondent w.e.f. 4/5th June, 1978 to 18th June, 1978 was both just and lawful; hence the question of any relief to the workmen does not arise.

2. It is contended by Shri A.K. Goel, learned counsel for the appellant, that on the own showing of the respondents it is not a case of total strike by the rival unions; there was production to the extent of 15% which would show that the strike whick ended on May 31, 1978 and the lock-out declared on 4/5t






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