06.10.2026 Sl. No. 1 AMR Ct.No.30 WPA 28172 of 2026 Arora Matthey Ltd. Permanent Workers Union Vs. The State of West Bengal & Ors. Mr. Suvadip Bhattacharjee Mr. Balaram Patra …for the Petitioner Ms. Sudipa Banerjee, Ld. JGA Ms. Manisha Paswan …for the State 1. Affidavit of service filed be kept with the record. 2. The writ application has been preferred challenging reference being No. Labr/93/(LC- IR)/22015(16)/379/2026, dated 18.01.2026. 3. The petitioner has relied upon the following judgments :- a) Dalhousi Institute Employees’ Union vs. The State of West Bengal & Ors. in WPA 25672 of 2022; b) Pottery Mazdoor Panchayat vs. Perfect Pottery Co. Ltd. reported in (1979) 3 Supreme Court Cases 762, the Supreme Court observed thus: – 2 “15. The State Government may make a reference to a Labour Court or the Industrial Court for a declaration whether any proposed strike, lock-out, closure or stoppage will be illegal. If ever it was the case of the appellant that there was in fact no closure and there was really an illegal lock out, the reference would have been asked for and made not under Section 51 under which it was made, but Section 82. 16. We are, there, of the view that the High Court was right in coming to the conclusion that the two Tribunals had no jurisdiction to go behind the references and inquire into the question whether the closure of business, which was in fact effected, was decided upon for reasons which were proper and justifiable. The propriety of or justification for the closure of a business, in fact and truly effected, cannot raise an industrial dispute as contemplated by the State and Central Acts.” 3 4. In view of the said judgment of the Hon‟ble Supreme in the case of Pottery Mazdoor Panchayat vs. Perfect Pottery Co. (Supra) and the judgment of the learned Co-ordinate Bench of this Court, the writ application is disposed of with the direction that the appropriate Government being the respondent no. 1 herein to modify the order of reference dated 18.01.2026 by deleting the word „justified” from issue no. 1 and replace the same with the words “real or illegal”. 5. No order as to costs. 6. Urgent photostat certified copy of the order, if applied for, be supplied after complying with all necessary legal formalities. [Shampa Dutt (Paul), J.]