ratika labour law.docx

Labour And Industrial Laws

Labour and Industrial Law Project Report

Concept of Aw Award: Commencement, Commencem ent, Binding Nature and Enforceabilit of  Awards and t!eir "udicial Re#iew

$ubmitted %o: &r' (usum

$ubmitted B: Rati)a Attri B'A'll'B*!ons'+ t! $em

 

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Labour And Industrial Laws AC(N12LE&3E4EN%

 I express my sincere gratitude to &r' (usum for her inspiration, expert guidance, moral boosting, continuous encouragement and appreciation which are the vital factors in successful completion of my project work.  I humbly acknowledge deep gratitude towards my teacher. Thanking ou .

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Labour And Industrial Laws

Contents !. $. +. . . /. 1. 3. 4.

Award "#efinition Time period for submission of awards %&ection !' ($"A)* &ubmission within three months -xtension of time period for submission of award %&ection !' ($"A)* Computation of time"period %&ection !' ($"A)* 0orm of award %&ection !/($)* 2ublication of award (&ection !1) Commencement of the award (&ection !1"A) Commencement and conclusion of proceedings Court, Industrial Tribunal and 5ational

Tribunal %&ection $'(+)* !'. 2enalty for breach of award (&ection $4) !!. 5on"disclosure of confidential information in the award (&ection $!) !$. 2enalty for disclosing confidential information (&ection +') !+. 6Award6 of 7abour Court, Industrial Tribunal and 5ational Tribunal subject to 8judicial review8 !. Appeal against the award of the Tribunal to the &upreme Court under Art. !+/ of the Indian Constitution !. 9emoval of doubts and difficulties in the awards (&ection +/"A) !/. -nforcement of the award. !1. :ibliography

Award Award under Industrial Act is defined under $ection 5*b+ as 86award6 means an interim or a final determination of an industrial dispute or of an 7uestion relating t!ereto b an Labour Court,

Industrial %ribunal or National Industrial %ribunal and includes an

arbitration award made under $ection 089A .8

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Labour And Industrial Laws ;Award6 means an interim or final determination of any industrial dispute or of any orm of award ;$ection 0-*5+<

According to $ection 0-*5+ , the award of a 7abour Court or Tribunal or 5ational Tribunal must  be in writing and must be signed by its presiding officer.

Publication of award *$ection 0?+

According to $ection 0?*0+ , every award of a 7abour Court, Tribunal or 5ational Tribunal shall, wit!in a period of t!irt das  from the date of its receipt by the appropriate >overnment, be

 published in such manner as the appropriate >overnment thinks fit.

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Labour And Industrial Laws According to $ec' 0?*5+, subject to t!e pro#isions of $ection 0?9A,  the "award published under  sub"section (!) of &ec. !1 shall be final and shall not be called in overnment or the Central >overnment, as the case may by notification in the fficial >aDette, declare that the award shall not become enforceable on the expiry of the said period of thirty days" (i)

if the appropriate >overnment is of opinion, in any case where the award has been given

(ii)

 by a 7abour Court, or Tribunal in relation to an industrial dispute to which it is a partyE if the Central >overnment is of opinion, in any case where the award has been given by the 5ational Tribunalthat it will be expedient on public grounds affecting national economy or social justice to give such effect to the whole or any part of the award.

 According to ection !#A $%&, where any declaration has been made in relation to an award under the provision to sub#section $!& of ection !#A, the appropriate Government  or the Central Government may, within ninety days from the date of publication of the award under ection ! ma'e an order re(ecting or modifying the award, and shall, on the  first available opportunity.

In  )otel *mperial, New +elhi v. )otel or'ers -nion %, workmen of three hotels in 5ew #elhi were suspended on the charge of misconduct pending applications under &ection ++. The Tribunal had ordered these workmen to be paid their wages plus 9s. $F" per month in lieu of food till final decision with regard to their dismissal. n appeal the &upreme Court stayed the order of the Tribunal on the condition that the workmen should be paid a sum eovernment for adjudication. &ub"&ection (+) of &ection $' further provides that the proceedings before 7abour Court, Industrial Tribunal and 5ational Tribunal is deemed to have concluded on the date on which the award becomes enforceable under &ection !1"A of  the Act.

Penalt for breac! of award *$ection 5+ According to $ection 5, any person who commits a breach of any term of award which is  binding on him under the Act, is punishable@ (i) (ii) (iii)

with imprisonment for a term which may extend to six monthsE or with fineE or   with both, imprisonment and fine. Bhen the breach of award is continuing one, then the person is punishable with a further  fine which may extend to two hundred rupees for everyday during which the breach continues after the conviction for the first.  &ection $4 further provides that the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realiDed from him shall be paid, by way of  compensation, to any person who, in the opinion of the Court has been injured by such

 breach.

Non9disclosure of confidential information in t!e award *$ection 50+  A Trade nion, person, firm or company may re