SHIV NARAYAN DHINGRA, J.

( 1 ) BY this writ petition, the petitioner has challenged the validity of order dated 28. 10. 2001 passed by the Assistant Labour Commissioner ( in short 'the ALC) conferring status of protected workmen on S/shri. S. K. Sharma, rajender Prasad Tiwari, T. C. Jhangia and Jasbir Singh, all employees of the respondent for the year 2000-01 up to 11. 7. 2001, when the services of the aforementioned four persons were terminated by the management consequent to disciplinary action. Mr. Trilok Singh, another workman, was declared protected workman for complete year.

( 2 ) A perusal of the impugned order would show that Voltas Employees Union, ashok Vihar, Phase-I made an application under Section 33 (4) of Industrial dispute Act (in short ' the Act') to the ALC seeking declaration as protected workmen in respect of five of its office bearers named in the above paragraph for the year 2001-02. The union stated that it had made an application to the management for the same purpose on 15. 3. 2001 but the management did not consider the application and did not declare the above five office bearers of the union as protected workmen. Management in its reply took the stan