JUDGMENT :

S.K. Mohanty, J. - The petitioner union has sought a direction to the State Government in the Labour and Employment Department to make a reference to the Industrial Tribunal for adjudication as to whether the lockout declared by the management of opposite party No. 2 with effect from 6 a.m. of April 6, 1987 till April 16, 1987 was legal and justified.

2. Kanshahal Mazdoor Union (petitioner) is a registered trade union duly recognised by the management. On April 1, 1987 the management complained before the Deputy Labour Commissioner, Rourkela, about stay-in-strike and other illegal acts of the workmen from 8.20 a.m. of that day. The Deputy Labour Commissioner conducted on the spot inquiry on said date and found the complaint to be true. The situation did not improve and ultimately the management by notice dated April 5, 1987 declared lock-out as above. The Deputy Labour Commissioner upon inquiry being satisfied about the existence of an industrial dispute because of alleged adoption of a promotion formula by the management initiated conciliation proceeding on April 6, 1987 and invited the management, petitioner union and the other union Kanshahal Shramik Sangha (opposite pa