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2005 Supreme(Del) 1115

MARKANDEY KATJU, MADAN B.LOKUR
D. D. Gears Ltd – Appellant
Versus
Secretary (Labour) – Respondent


Advocates:
Advocate Appeared:
Mr. Chetan Sharma, Sr. Advocate with Mr. Vidhu Upadhyay. Adv. for the Appellant.
Mr. Umesh Sharma, Advocate for the Respondents.

Judgment

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 crip




















































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