( 1 ) ON earlier occasion the appeal was dismissed for default. An application for recalling the order dated 15th June, 2005 having been filed, we proposed to hear the said application along with the appeal and to pass order on the said application in case Mr. Ghosh points out that there are sufficient materials to allow the appeal. But in course of hearing, we have heard the appeal on merit. In the circumstances, the application for recalling is hereby allowed and the order dated 15th June, 2005 is hereby recalled and the appeal is disposed of as hereafter since agreed to by the parties, who had argued comprehensively, treating the appeal, by consent of parties, as on day's list for hearing.

( 2 ) THE declaration of suspension of work or lock-out was the subject-matter of the dispute since referred to the learned Tribunal under section 10 of the industrial Disputes Act, 1947. The learned Tribunal had come to a conclusion that there was no justification to suspend the work and declare the lock-out. This was challenged by the employer in the writ jurisdiction before the learned single Judge. The learned Single Judge had affirmed the order of the learned tr