V.BHARGAVA, J.

(1) AN industrial dispute relating to the lock out and closure of a factory arose between respondent No. 1, Messrs. Sur Iron and Steel Co. (Pvt.) Ltd. (hereinafter referred to as the Company) and its workmen represented by Sur Iron and Steel Co. Shrarnik Union (hereinafter referred to as the Union) and Sur Iron and Steel Employees Association (hereinafter referred to as the Association). Three issues were framed by the Government of West Bengal and referred foradjudication to the Fifth Industrial tribunal. These issues are as follows:

"(1) Whether the lock out of the factory with effect from 22/04/1962, is justified ?

(2) Whether the closure of the factory from 22/06/1962, is real and bona fide ? Whether the closure is beyond the control of the management and in the circumstances it is justified ? and

(3) To what relief, if any, are the workers entitled ?"

The tribunal answered both the first and the second questions against the workmen, holding that the lock out was justified, that the closure of the factory was real and bona fide and that, it was beyond the control of the management and, in the circumstances, justified. Consequently,