Amendment status not verified — confirm the current text below against the official source.
Duties of Courts.—A Court shall inquire into the matters referred to it and report thereon to the appropriate Government ordinarily within a period of six months from the commencement of its inquiry. 1[15. Duties of Labour Courts, Tribunals and National Tribunals.—Where an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, 2[within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2A) of section 10], submit its award to the appropriate Government.] 3[16.Form of report or award.— (1) The report of a Board or Court shall be in writing and shall be signed by all the members of the Board or Court, as the case may be: Provided that nothing in this section shall be deemed to prevent any member of the Board or Court from recording any minute of dissent from a report or from any recommendation made therein. (2) The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its presiding officer.] 4[17. Publication of reports and awards.— (1) Every report of a Board or Court together with any minute of dissent recorded therewith, every arbitration award and every award of a Labour Court, Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government thinks fit. (2)Subject to the provisions of section 17 A, the award published under sub- section (1) shall be final and shall not be called in question by any Court in any manner whatsoever.] 5[17A. Commencement of the award.— 1 Subs. by Act 36 of 1956, Section 12, for section 15 (w.e.f. 10.3.1957). 2 Subs. by Act 46 of 1982, Section 10, for certain words (w.e.f. 21.8.1984). 3 Subs. by Act 36 of 1956, Section 12, for section 16 (w.e.f. 10.3.1957). 4 Subs. by Act 36 of 1956, Section 12, for section 17 (w.e.f. 10.3.1957). 5 Section 17A ins. by Act 48 of 1950, Section 34 and Schedule. and Subs. by Act 36 of 1956, Section 12 (w.e.f. 10.3.1957). The Industrial Disputes Act, 1947 (1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17: Provided that— (a) if the appropriate Government is of opinion, in any case where the award has been given by a Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or (b) if the Central Government is of opinion, in any case where the award has been given by a National Tribunal, that it will be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the appropriate Government, or as the case may be, the Central Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days. (2) Where any declaration has been made in relation to an award under the proviso to sub-section (1), the appropriate Government or the Central Government may, within ninety days from the date of publication of the award under section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together with a copy of the order before the Legislature of the State, if the order has been made by a State Government, or before Parliament, if the order has been made by the Central Government. (3) Where any award as rejected or modified by an order made under sub-section (2) is laid before the Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen days from the date on which it is so laid; and where no order under sub- section (2) is made in pursuance of a declaration under the proviso to sub-section (1), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-section (2). (4) Subject to the provisions of sub-section (1) and sub-section (3) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (1) or sub-section (3), as the case may be.] Case Law The Industrial Disputes Act, 1947 Limitation Industrial Tribunal retains its jurisdiction to deal with an application for setting aside an ex parte award only until the expiry of 30 days from publication of the award. Thereafter, Tribunal is relegated to the position of functus officio; Ranigunj Chemical Works v. Learned judge. Fourth Industrial Tribunal, 1998 LLR 475 1[17B, Payment of full wages to workman pending proceedings in higher courts.—Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court: Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be.] Case Law Effective date for payment of “full wages” The payment of full wages, as last drawn by the Workman payable by the employer during pendency of the proceedings in the Higher Court will be from the date of award and not from the date when the writ petition or appeal is filed by the Workman; Indra Perfumery Co. (through Sundershab Oberoi) v. Presiding Officer, 2004 LLR 325. Full wages includes The words “full wages last drawn” appearing in section 17B would include the wages drawn on the date of termination of service plus yearly increments and dearness allowances. For calculating the wages last drawn by the workman, the revision of pay, if any, will also have to be taken into consideration; Carona Sahu Co. Ltd. v. Abdul Karim Munakhan, 1994 LLR 199 (Bom).