Mahinder Narain, J.

( 1 ) THE award in this case was passed on 4th August, 1982.

( 2 ) SECTION 17b of the Industrial Disputes Act was inserted by way of an amendment by the Industrial Disputes (Amendment) Act, 1982 (Act No. 46 of 1982 ). The amending Act received the assent of the President on 31st August, 1982. and the Central Government appointed 21 st August, 1984, as the "appointed dale" on which the amended provision came into force.

( 3 ) THE question before me is whether the amended Section 17b which came into force on 21-8-1984, would apply to the award dated 4th August 1982.

( 4 ) BY a judgment reported as AIR 1986 Supreme Court 842 (Bharat Singh v. Management of New Delhi Tuberculosis Centre, New Delhi and others ). The Supreme Court has said that "section 17b on its terms does not say that it would bind awards passed before the dale when it came into force. The respondents contention is that a Section which imposes an obligation for the first time cannot be made retrospective. Such section should always be made considered prospective. In our view, if this submission is accepted, we will be defeating the very purpose for which this Section has been enacted. It is here th

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