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Labour Legislations

Notes interfere with the punishment imposed by an employer. When such wide powers have now
been conferred on Tribunals, the Legislature obviously felt that some restrictions have to be
imposed regarding what matters could be taken into account. Such restrictions are found in the
proviso. The proviso only emphasises that the Tribunal has to satisfy itself one way or the other
regarding misconduct, punishment and relief to be granted to workmen only on the basis of the
"materials on record" before it.
Section 11-A does not cover retrenchment or retirement cases, because the section clearly indicates
that it is for discharge and dismissal cases only.

7.6.2 Awards of Labour Courts and Tribunals

Adjudication awards of Labour Courts and Tribunals are binding on the parties concerned, on
the heirs, successors and assignee of employers and on all persons employed subsequently. On
receipt of award it is to be published by the appropriate government within thirty days of the
receipt. They become enforceable on the expiry of thirty days from the date of their publication
in the Official Gazette. The normal period of operation of any award as fixed under the Act is one
year. The Government has, however, the power to reduce the period and fix such period as it
thinks fit, the government can also extend the period of operation up to one year at a time, but
the total period of operation of any award cannot exceed three yeas from the date when it came
into effect. Even if it is not extended, the award remains binding on the parties till it is terminated
by two months notice given by the majority of one of the parties bound by the award to the
other party intimating its intention to terminate the award. The Government may not accept or
give effect to an award in relation to a dispute to which it is a party, or if the award is given by
a National Tribunal and it is considered inexpedient on ground of national economy or social
justice. In such a situation the government may by notification in the Official Gazette declare
that the award does not become enforceable on the expiry of the said period of thirty days.
Within thirty days of its publication the Government may make an order, rejecting or modifying
the award and shall on the first available opportunity lay the award together with copy of the
order before the State Legislative Assembly or the Parliament, as the case may be, where the
award may be rejected or modified. Such an award shall become enforceable on the expiry of 15
days from the date it is so laid. Where no order is made in pursuance of declaration, award
becomes enforceable within 90 days of its publication. The award comes into operation from the
date mentioned in the order and where no date is mentioned, it operates from the date if
becomes enforceable. [secs. 17,8(3)]

Protection of Workmen during Pendency of Proceedings

These awards are semi-judicial in nature after they are published. They are amenable to
constitutional remedies provided by Articles 32, 226 and 227 of the Constitution on grounds of
defects of jurisdiction, violation of the principles of natural justice or any error of law. Proceedings
can be initiated against these awards both in the High Court and the Supreme Court. But if an
employer prefers any proceedings against an award which directs the reinstatement of any
workman, in High Court or the Supreme Court, he is liable to pay to such workman during the
pendency of such proceedings 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. If, however, it is proved to the satisfaction of the 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 for such period
or part thereof, as the case may be. (Section 17B).

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