Soumitra Sen, JJ. ( 1 ) IN spite of service no one has appeared to contest the application on behalf of the respondents. ( 2 ) IN this application, the petitioners have challenged the order of reference issued by the Assistant Secretary to the Government of West Bengal, Labour department dated 4th of March, 2005 passed under section 10 of the Industrial disputes Act, 1947 (hereinafter referred to as the "said Act" ). ( 3 ) BEFORE dealing with the issues involved herein, the facts of the case may be briefly narrated here. ( 4 ) SOMETIME in April, 1995, the workers of the petitoner company resorted to a strike and the production in the factory was stopped. Subsequent thereto at the intervention of some people the production activities at the factory resumed on and from 24th of April, 1995, but, however, out of 16 workmen 9 joined the duty and the remaining 7 continued with their strike which was contended on behalf of the petitioners as illegal. Since the said 7 employees continued with their strike and of her related activities, which allegedly vitiated the working atmosphere in the factory, the petitoners have no other alternative but to declare a lock-out, so far as the workers involved in the strike were concerned. Conciliation proceeding under section 12 of the said Act was initiated but no settlement could be arrived at. Accordingly, the matter was referred before the appropriate authority by the conciliation officer. All these happened in the year 1995. The concerned authority by the inpugned order passed on 4th of March, 2005 after almost 10 years from the time the dispute arose, framed an issue only with regard to the claim of the workers who had resorted to the strike and as against whom the petitioner had declared the lock-out. ( 5 ) UNDER section 2 (1) "lock-out" means - temporary-closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him. ( 6 ) UNDER section 2 (q) "strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment. ( 6 ) UNDER section 2 (q) "strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment. ( 7 ) FROM the above definition, it is, therefore, clear that "strike" means -refusal to work by any number of persons and "lock-out" means - refusal to employ any number of persons employed by the employer. ( 8 ) IN the instant case, seven out of sixteen have resorted to the strike and lock-out has been declared as against these employees. Therefore, the issues with regard to the right of the workers who resorted to strike is inextricably connected. Unless both the issues are heard together neither the justification for strike nor the justification to declare the lock-out can be properly, logically and lawfully adjudicated. The facts and circumstances of the case clearly suggest that the lock-out was declared as a consequence of the strike resorted to by a section of the employees. ( 9 ) SINCE under section 10, the right to refer the disputes to the concerned industrial Tribunal is with the Appropriate Government, the Court cannot substitute an order of reference passed by the Appropriate Government. ( 10 ) UNDER these circumstances, the only option left with the Court if it finds that the order of reference is not in consonance with the law and/or in fact, is to set aside the the order of reference. ( 11 ) IN this connection, a judgement referred to in JT 2000 (Suppl. 2) SC 2004, Moolchand Kharati Ram Hospital K. Union vs. Labour Commissioner and co. , may be referred to. ( 12 ) IN these circumstances, the impugned order of reference is hereby quashed and / or set aside. The writ petition is allowed to the extent as indicated above. This order will, however, not prevent the Appropriate Government to issue any further order of reference, if it is so permitted in law. No order as to costs. Writ petition allowed.