THE MANAGEMENT OF EXPRESS NEWSPAPERS LTD. vs WORKERS & STAFF EMPLOYED UNDER IT AND OTHERS.

The Supreme Court held that under Section 10(1)(d) and Section 10(3) of the Industrial Disputes Act, 1947, the determination of whether a closure constitutes an industrial dispute is a jurisdictional fact for the Tribunal. The Court ruled that the appellant's action did not amount to a lockout but rather a closure, thus invalidating the reference to the Tribunal. The Court affirmed the High Court's decision that the matter should be fully investigated by the Tribunal, as it involved complex questions of fact.