Hon’ble Bharati Sapru, J.—The present, writ petition has been filed against an order of the Industrial Tribunal dated 30.8.1996 passed in adjudication case No. 94 of 1994.

2. The facts of the case are that the workmen of the petitioner Union went on an illegal strike on 23.1.1993 without due compliance of Section 6-S (2) of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act).

3. On the next date i.e. 24.1.1993 a lock out was declared by the employer. Aggrieved, the workmen Union sought a reference. A reference was made under Section 4K of the Act in terms as given below :

“KYA SEVAYOJKO DWARA DINAK 24.1.93 SE 14.10.93 TAK KI GAI TALABANDI UCHIT ATHWA VAIDHANIK HAI ? YADI HA/NAHI TO SAMBANDHIT SHRAMIK TATHA HITLAB PANE KA ADHIKARI HAI, TATHA ANYA KIS KIN VIVRAN SAHIT?"

4. Learned Industrial Tribunal while dealing with reference has come to the conclusion that reference itself was bad in law because it was not a complete reference and it was completely silent on the issue of strike whether it was legal or illegal.

5. Learned counsel for the petitioner Union Miss. Sumanti Rani Gupta has argued that question whether the strike was legal or il