Advocates:
B.P.MAHESHVARI, K.R.CHAUDHARY, M.C.SETALVAD, P.D.MENON, S.K.BOSE, SARDAR BAHADUR SAHARYA

Certainly. Here are the key points derived from the provided legal document:

1. The publication of an award by the government under the relevant section of the Industrial Disputes Act is generally mandatory, as indicated by the use of the word "shall" in the statutory provision (!) .

2. The Act specifies that once an award is published, it becomes final and cannot be questioned by any court, emphasizing the binding nature of the award upon publication (!) .

3. When parties to an industrial dispute reach a binding settlement under the provisions of the Act, particularly under the section that makes such settlements binding, the government should refrain from publishing the award related to that dispute to prevent conflicts between the settlement and the award (!) .

4. The Act was amended to include provisions that recognize the binding nature of settlements arrived at outside of formal conciliation proceedings, which become effective once signed and communicated to the government (!) .

5. In cases where a binding settlement has been reached, especially after the award has been sent to the government but before its publication, the government is advised to withhold publication of the award to avoid undermining the settlement and to maintain industrial peace (!) .

6. The mandatory nature of the publication requirement does not override the necessity to respect binding settlements between parties, especially when such settlements are in force and cover the subject matter of the award (!) .

7. The government’s power to withhold publication in exceptional circumstances, such as when a settlement has superseded the award, does not conflict with the mandatory language of the statute but is a necessary reconciliation to prevent conflicts and promote industrial harmony (!) .

8. The approach to such situations involves considering whether the dispute has been effectively resolved by the settlement, rendering the publication of the award unnecessary or inappropriate (!) .

9. The legal framework emphasizes that settlements signed in accordance with prescribed procedures and communicated properly are binding and should be respected, reducing the need for further adjudication or publication of awards that would conflict with such settlements (!) .

10. In circumstances where disputes arise regarding the bona fide nature of a settlement, the government may refer the matter for adjudication, and if the settlement is found invalid, publication of the award can then be considered (!) .

These points highlight the balance between the statutory obligation to publish awards and the recognition of binding settlements to promote industrial peace and avoid conflicts.