JUDGMENT -B.H. MARLAPALLE, J.:---Heard Shri Ghuge, learned Counsel for the petitioner Company and Shri S.S. Pawar, learned Counsel for the respondent employee. Rule. Taken up for final hearing forthwith, by consent.

2.The respondent employee came to be appointed on probation with effect from 1st November, 1986 as an Assembler in the Final Assembly section of the petitioner-company, located in the MIDC area at Waluj. The union had submitted a charter of demand and it appears there was some dispute in that regard between the management and the union and as a result of which the operations of the factory were suspended with effect from 7th November, 1987 followed by a lockout which commenced from 23rd November, 1987. The office and supervisory staff, as well as the managerial staff were reportedly exempted from this lockout.

3.The respondent was one of the employees covered by the lockout and it is alleged that on 10th February, 1988 he went to the house of one Shri Shashidharan Pillai (Stenotypist Tkt. No. 3211-75974) at about 6.00 p.m. along with another co-worker by name Shri R.S. Tawade (Tkt. No. 5211-77270) and D.G. Mulani (Tkt. No. 5132-76680) and some other workmen, who were cove

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