High Court Of Madhya Pradesh
N. H. BHAGWATI, S. J. IMAM, P. B. GAJENDRAGADKAR, JJ.
STATE OF UTTAR PRADESH - Appellant
Versus
SWADESHI COTTON MILLS COMPANY LIMITED - Respondents
Civil 15 Of 1955
Decided On : 11/20/1957
INDUSTRIAL DISPUTES - VALIDITY OF AWARDS - ENLARGEMENT OF TIME FOR SUBMISSION OF AWARDS - U. P. INDUSTRIAL DISPUTES ACT, 1947, S. 6-A - U. P. INDUSTRIAL DISPUTES (AMENDMENT) ORDINANCE, 1953, S. 3 - VALIDITY OF AWARDS SUBMITTED BEYOND SPECIFIED TIME OR ENLARGED PERIOD - INTERPRETATION OF STATUTORY PROVISIONS.
Fact of the Case:
The dispute arose from the validity of awards made by industrial tribunals under the Uttar Pradesh Industrial Disputes Act, 1947 (Act XXVIII of 1947). The Act was amended by the Uttar Pradesh Industrial Disputes (Amendment) Ordinance, 1953 (Ordinance No 1 of 1953), which introduced Section 6-A, allowing the State Government to enlarge the time for submission of awards. The question before the Court was whether the awards were valid in law and made with jurisdiction, considering the amendments and the provisions of the Act and the Ordinance.
Finding of the Court:
The Court held that the awards were valid and made with jurisdiction. It interpreted Section 6-A of the Act, as amended by the Ordinance, and Section 3 of the Ordinance, which validated certain awards and orders of enlargement of time. The Court found that Section 3(2) of the Ordinance applied to awards against which no judicial proceeding was pending at the commencement of the Ordinance, and that Section 3(3) applied to proceedings against awards pending at the commencement of the Ordinance.
Issues: 1. Whether the awards made by industrial tribunals were valid in law and made with jurisdiction. 2. Whether the provisions of Section 6-A of the Act, as amended by the Ordinance, and Section 3 of the Ordinance, validated the awards submitted beyond the specified time or enlarged period.
Ratio Decidendi: 1. The Court interpreted Section 6-A of the Act, as amended by the Ordinance, and Section 3 of the Ordinance, to determine their effect on the validity of the awards. 2. The Court held that Section 3(2) of the Ordinance applied to awards against which no judicial proceeding was pending at the commencement of the Ordinance, and that Section 3(3) applied to proceedings against awards pending at the commencement of the Ordinance. 3. The Court found that the awards in question were covered by Section 3(2) of the Ordinance and were therefore validated, despite being submitted beyond the specified time or enlarged period.
Final Decision: Civil Appeal No. 14 of 1955 was dismissed with costs, and Civil Appeal No. 15 of 1955 was allowed with costs, setting aside the decision of the Labour Appellate Tribunal in Appeal No. 111-321/53.
( 1 ) THESE two appeals by special leave have been heard together as they arise out of a single judgment of the Labour Appellate tribunal of India, Lucknow, dated 30/09/1953, passed in seven appeals before it. As the question for consideration in the appeals before this court is the same, this judgment will govern both the appeals before us. Civil Appeal Nos. 14 and 15 of 1955 arise out of Appeal Nos. 111-198 of 1953 and 111-321 of 1953 respectively before the Labour Appellate tribunal.
( 2 ) THE question for consideration before the Labour Appellate tribunal was whether the awards from which the seven appeals had been filed before that tribunal were valid in law and made with jurisdiction. It is this very question which arises in the appeals before us.
( 3 ) BEFORE dealing with the question raised in these appeals it is necessary to state certain facts. On 15/03/1951, the governor of Uttar Pradesh made a, General Order consisting of numerous clauses under powers conferred on him by cls. (b), (c), (d) and (g) of s. 3 and s. 8 of the Uttar Pradesh Industrial Disputes Act, 1947 (Act XXVIII of 1947), hereinafter referred to as the Act, in supersession of the general Order No. 781 (L)/xviii dated 10/03/1948. The Order of 15/03/1951, was numbered 615 (LL)/ XVIII-7 (LL) of 1951, hereinafter referred to as Order No. 615. Under cl. 16 of Order No. 615, the decision of the tribunal or Adjudicator was to be pronounced within 40 days, excluding holidays but not annual vacations observed by courts subordinate to the High court, from the date of reference made to it by the State government concerning any industrial dispute. The proviso to it authorised the State government to extend the period for the submission of the award from time to time. On 18/02/1953, this clause was amended and the time of 40 days was altered to 180 days. On 17/12/1952, the judgment of this court in the case of Strawboard Manufacturing Co. , Ltd. v. Gutta Mill Workers' Union (1), was pronounced. In consequence of this decision the Act was amended by the Uttar Pradesh Industrial Disputes (Amendment) Ordinance, 1953 (Ordinance No 1 of 1953), hereinafter referred to as the Ordinance, promulgated by the governor of Uttar Pradesh. The Ordinance came into force on 22/05/1953. By the provisions of s. 2 of the Ordinance s. 6-A was introduced into the Act. Section 2 of the Ordinance states `after section 6 of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the Principal Act), the following shall and be deemed always to have been added as section 6-A `6-A. Enlargement of time for submission of awards. Where any period is specified in any order made under or in pursuance of this Act referring any industrial dispute for adjudication within which the award shall be made, declared or submitted, it shall be competent for the State government, from time to time, to enlarge such period even though the period originally fixed or enlarged may have expired. ` Section 3 of the Ordinance states : `removal of doubts and validation-For the removal of doubts it is hereby declared that : (1)any order of enlargement referred to in section 6a made prior to the commencement of this Ordinance under the Principal Act or any order passed thereunder which would have been validly and properly made under the Principal Act if section 6-A had been part of the Act shall be deemed to be and to have been validly and properly made thereunder; (2)no award whether delivered before or after the commencement of this Ordinance in any industrial dispute referred prior to the said commencement for adjudication under the Principal Act shall be invalid oil the ground merely that the period originally specified or any enlargement thereof had already expired at the date of the mkaing, declaring or submitting of the award and any action or proceeding taken, direction issued or jurisdiction exercised in pursuance of or upon such award be good and valid in law as if section 6-A had been in f
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