Judgment

DESAI, J.:- General Labour Union (Red Flag) Bombay filed two complaints, one against M/s Delta Wires Pvt. Ltd. and second against M/s Delta Spokes Manufacturing Company, two sister concerns (employers for short) under Sec. 28 read with Items 1(a), 1(b), 2, 4(a), 4(f) and 6 of Schedule II of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (Act for short). Broadly stated the complaints were that the employers were guilty of imposing and continuing a lock-out and had thus committed unfair labour practice. The employers contended that they had finally and irrevocably closed the industrial undertaking and were not guilty of any unfair labour practice. The complaints were filed in the Industrial Court, Maharashtra, Bombay.

2. The learned Judge framed an issue whether the employers had committed an unfair labour practice by imposing and continuing a lock-out as provided in Item 6 of Schedule II of the Act.

3. After hearing the parties, the learned Judge answered the issue in negative and dismissed the complaints.

4. The appellant-Union filed two special civil applications in Bombay High Court under Art. 226 of the Constitution questioni