Judgement

S. R. DAS J. : This appeal has been filed with the special leave granted by this Court On May 10, 1951. By the order granting such leave the appeal has been restricted to one point only, namely,

"whether the Government of Uttar Pradesh had the power to extend the time for making the Award ex post facto i.e., after the time limit originally fixed therefor had expired."

2. There is no dispute as to the facts. An industrial dispute having arisen between the appellant Company and its employees, by Labour Department Notification No. 637 (ST)/XVIII-53 (ST)/50 dated 18-2-1950 the Governor of Uttar Pradesh was pleased, in exercise of the powers conferred by Section 3 read with Section 4 of the U.P. Industrial Disputes Act, 1947 (U.P. Act No. 28 of 1947), to refer the said dispute to the Labour Commissioner, U.P. or a Conciliation Officer of the State Government nominated by him for adjudication on seven several issues specified therein and to direct the adjudicator to conclude the adjudication proceedings and submit his award to the Government not later than 5-4-1950. The Labour Commissioner by his letter No. I. M. R. 14-A nominated Shri M. P. Vidyarthi, Regional Conciliation Officer, U.P., as the adjudicator in the above dispute with a direction that he should submit his award by 25-3-1950 and that if the proceedings were not likely to be completed within that time he should move the Government for extension of time at least a week before the specified date.

By Notification No. 897 (ST)/XVIII-53 (ST)/50 dated 20-3-1950 the Governor was pleased to order that the adjudicator should also adjudicate on an additional issue formulated therein. By a further Notification No. 950 (ST)/XVIII-53 (ST)/50 dated 24-3-1950 the Governor was pleased to refer another additional issue for the decision of the adjudicator. The adjudicator did not make his award on or before 5-4-1950 as directed by the first order of reference but made his award on 13-4-1950, that is to say , 8 days after the expiry of the time originally fixed for the making of the award. About thirteen days after the delivery of the award Labour Department Notification No. 1247 (ST)/XVIII53 (ST)/50 was issued on 26-4-1950 whereby the Governor was pleased, in exercise of powers conferred by S. 3 read with S. 4 of the Act, to allow the adjudicator in the said dispute to submit his award by 30-4-1950. Thereafter by Notification No. 1447 (ST)/XVIII-53 (ST)/50 dated August 1, 1950 the Governor was pleased, in exercise of powers conferred by S. 6(2) read with Ss. 3 and 4 of the Act, to order that the award be enforced for a period of six months from the date of that order in the first instance and thereafter for such further period as might be prescribed.

3. On 17-8-1950 the appellant Company preferred an appeal against the award to the Labour Appellate Tribunal contending, inter alia , as follows:

"That the award dated 13-4-1950 is vitiated, having been given after the expiry of the time limit.

(a) In its order dated 18-2-1950 para (5) Government directed the Adjudicator to conclude the proceedings and submit his Award not later than 5-4-1950. The Award is dated 13-4-1950. The Government, however, tried to remedy this defect by the issue of G. O. No.1247 (ST) /XVIII-53 (ST)/ 50 dated 26-4-1950 but under the law this is of no avail. To be a valid extension of date granted to the Adjudicator, Government order should have been issued before 5-4-1950 to keep the authority of the Adjudicator alive. On the date the Adjudicator made the Award i.e. 13-4-1950, he had no power to make an award."

The Appellate Tribunal by its decision given on 20-11-1950 dismissed the appeal with the following observations on the point mentioned above:

"With regard to the last point our view is that as the Government had the authority under Section 6 of the Act to fix time limit for submitting an award it had also the necessary and incidental power to extend the time limit originally fixed, if it considered it nece