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1967 Supreme(SC) 216

G.L.MITTAL, K.N.WANCHOO
REMINGTON RAND OF INDIA LTD. – Appellant
Versus
Workmen – Respondent


Judgment

G. K. MITTER

( 1 ) THIS appeal by the Remington Rand of India Ltd. against their workmen arises out of an award dated 5/10/1965 made by the Industrial Tribunal, Alleppey published in the Kerala Gazette dated 15/11/1966.

( 2 ) THE first point taken against this award is that it cannot be given effect to as it was published beyond the period fixed in the Act. The notification accompanying the gazette publication stated that Government had received the award on 14/10/1966. It was argued by Mr. Gokhale that in terms of S. 17 (1) of the Industrial Disputes Act the award had to be published within a period of thirty days from the date of its receipt by the appropriate Government". According to learned counsel, the award having reached Government on 14/10/1966 it should have been published at the latest on 12/11/1966 as S. 17 (1) of the Act was mandatory. Our attention was also drawn to sub-s. (2) of S. 17 according to which it is only the award published under sub-s. (1) of S. 17 that is final and cannot be called in question by any court in any manner. We were also referred to S. 17-A and S. 19. Under sub-s. (1) of S. 17-A an award becomes enforceable on the expiry of thirty days




















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