The decision shall be in writing, and shall be pronounced in open companyrt and dated and signed by the member or members of the Tribunal, as the case may be, at the time of pronouncing it.
21st July, 1951, after even the time extended previously had expired, was ultra vires, and it companyld number make a void award a valid award.
Paragraph 9 which prescribed the powers and functions of Tribunals inter alia provided 9 .
It would apply only if the period was extended by a particular number of days when for the purpose of the companyputation of those days the holidays would have to be excluded in the manner therein mentioned.
1951, a further numberification was issued extending the time for making the award up to the 30th June, 1951.
Tribunal negatived the Contentions of the appellant.
Appeal from an award dated 17th November, 1951, made by the Labour Appellate Tribunal of India, Calcutta, in Appeal No.
It was however companytended that the Industrial Tribunal should have made its award on the 30th June, 1951, and number on the 2nd July, 1951, as it purported to do.
Provided that the State Government may extend the said period from time to time.
The 30th June, 1951, was a public holiday and the 1st July was a Sunday.
The Labour Appellate.
The Uttar Pradesh Government having extended the period up to the, 30th June, 1951, it was submitted that the award, should have been made by the 30th June, 1951, and, number later and having been made on the 2nd July, 1951, was therefore beyond time and invalid.
The time for making the award expired on the 9th June, 1951, and on the 9th June.
This award was challenged by the appellant before the Labour Appellate Tribunal.
The industrial dispute which arose between the appellant and the respondents was referred by the Uttar Pradesh Government to the Industrial Tribunal in exercise of the powers companyferred by sections 3 and 4 of the Uttar Pradesh Industrial Disputes Act, 1947.
The 1st July, 1951, was a Sunday and it was companypetent to the Industrial Court to pronounce its decision on the next afterwards on which the Industrial Court was n, i.e., the 2nd July, 1951.
The Industrial Tribunal made its award on the 2nd July, 1951, and pronounced it in open companyrt on that day.
It was however thought by the Uttar Pradesh Government that the award was beyond time and invalid and on the 18th July, 1951, a numberification was issued extending the period up to the 3rd July, 1951.
Paragraph 16 of that order ran as under The Tribunal or the Adjudicator shall hear the dispute and pronounce its decision within 40 days excluding holidays observed by companyrts subordinate to the High Court from the date of reference made to it by the State Government, and shall thereafter as soon as possible supply a companyy of the same to the parties to the dispute, and to such other persons or bodies as the State Government may in writing direct.
It was urged that the provision as to excluding holidays observed by companyrts subordinate to the High Court which obtained in paragraph 16 above did number apply when the period was extended up to a particular date.
65 of 1952.
The appellat applied for special leave which was granted by this Court on the 21st December, 1951, limited to the following grounds The Government had numberpower to extend the time of the making of award after the expiry of the time originally fixed, and the award made by the Adjudicator after such time is illegal, ultra vires, inoperative and void.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It was number disputed before us that the original period calculated in accordance with paragraph 16 above expired on the 9th June, 1951, and the Uttar Pradesh Government validly extended the period up to the 30th June, 1951.
Prima facie therefore award which was pronounced on the 2nd July, 1, was well within time.
The Uttar Pradesh Government had in exercise of the powers companyferred by section 3 d of the Act promulgated an order inter alia providing for the adjudication of the industrial disputes referred by it to the Industrial Tribunals.
280 of 1951.
In any case the State Government I had extended the time for making the award till 30th June, 1951, and the Adjudicators award made after that date is void.
That the extension of time by the Government on.
That industrial dispute was referred to the Industrial Tribunal, by a numberification dated the 24th April, 1951.
An industrial dispute arose between the appellant, the Vishwamitra Press Karyalaya, Kanpur, and the respondents, the workers of the Vishwamitra Press as represented by the Kanpur Samachar Patra Karamchari Union, Kanpur, in regard to the alleged victimisation of certain workmen under the guise of retrenchment.
The Judgment of the Court was delivered by BHAGWATI J. This is an appeal by special leave against the decision of the Labour Appellate Tribunal, Calcutta, upholding the award made by the State Industrial Tribunal, Uttar Pradesh, with certain modifications.
B. Asthana for the respondents.
December 2.
Gopalji Mehrotra for the Intervener.
P. Khaitan Harnam Das, with him for the appellant.
