Markandeya Katju, C.J.

1. This writ appeal has been filed against the Judgment of the learned Single Judge dated 24.02.2004 of this Court by which he has dismissed the Writ Petition.

2. We have heard the learned counsel for the parties and perused the record.

3. The facts of the case are not being repeated, except where necessary, as the same are already set out in the impugned judgment.

4. This Writ Petition was tiled by the petitioner/appellant praying for an appropriate writ, order direction quashing the impugned reference order dated 10.02.2000 under Section 10(1)(d) and 12(5) of the Industrial Disputes Act and the impugned order dated 10.02.2000 prohibiting, the continuance of a lockout passed by the Secretary (Labour) under Section 10(3) of the Industrial Disputes Act.

5. The petitioner has alleged that it was having an era of industrial peace and harmony till 1997. However, it is alleged that since 1997 the respondent No. 4/Union and some of the misguided employees indulged in illegal activities against the interest of the workers and the Management. Since 1997 they have been holding demonstrations, gherao, assault, tool down strike, declaring holidays etc. thereby crippling the functioning of the factory of petitioner company. As a result of this alleged indiscipline and insubordination, 'the company has suffered huge losses. The respondent/Union and the workers resorted to illegal and unjustified strike from 23.04.1997 to 22.08.1997.

6. It is alleged that some irresponsible workers violated the discipline of the factory by indulging in slogan shouting, insubordination etc in spite of their statement before the authorities that they will not indulge in such activities. The petitioner company wrote a letter dated 30.09.1997 to the Assistant Labour Commissioner in this regard, a copy of which is Annexure P-4 to the writ petition. The petitioner also wrote a letter dated 16.10.1997 to the respondent/Union asking it to constructively impart their responsibilities of Union Leaders and help the company in maintaining discipline amongst workers, a copy of which is Annexure P-5 to the writ petition. The said letter reads as under:

D.D. GEARS LIMITED

A-34. G.T.K. Road Ind. Area, Delhi-55.

Regd. Office: 28, Motia Khan, Jhandewalan Road, New Delhi-110 055.

Dated: 16.10.1997

The General Secretary,

DD Gear Employees Union (Regd.)

Delhi.

Sir,

The managers have themselves noted that the representatives of the workers have taken over the control of the company in their hands and the work in the company is being done as per their wishes. There is nothing like discipline in the company. On 21.9.1997 at 2.00 P.M. when the workers of the first shift were ready to go out, the workers of the second shift forcibly entered inside the gate five minutes earlier and on the asking of the union representatives, all gathered near the Time Office and pressurized the management for acceding to their illegal demands. After that again on 7.10.1997 and 14.10.1997 at the time mentioned above, the workers representatives Shri Digamber Singh Rawat, Shri Vimal Kumar and Shri Ravinder Singh again stopped the workers at the gate and put pressure on the management and to show their strength. As a result of this, not only the discipline of the company has been affected, but also on these days the production was totally stopped for 1/2 and 3/4 hours. It is clear from the above that the representatives of the workers in collusion with some irresponsible workers have taken over the control over the management of the company which is detrimental to the interest of the workers and the company. Keeping in view the above facts, the management wishes to advise, you the union representatives to fulfill your duties with responsibility and the workers to maintain the discipline, otherwise on repetition of the above acts, the management will be bound to take disciplinary action against the concerned workers.

Thanking you,

For D.D, Gears Ltd.

FACTORY IN CHARGE

Copy to:

1. Offi