Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | recall/review of Award Industrial Disputes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | labour laws-Industrial Disputes Act, 1947 : Sections 11, 17 and 17A-Application for recall/review of Award passed by Tribunal-Application made two days before the Award would have become enforceable-Jurisdiction of Tribunal to entertain the application-Held: The Tribunal had not become functus officio on the date of the application, hence, had jurisdiction to entertain the application. Section 11-Recall/review of Award passed by Tribunal sought on ground that some matters which ought to have been considered by the Tribunal were not considered-Jurisdiction of Tribunal to recall/review the Award-Held: The recall/review sought was not a procedural review, but a review on merits-Such a review was not permissible in absence of a provision in the Act conferring the power of review on the Tribunal either expressly or by necessary, implication. "Procedural review" and "Review on merits"-Distinction between-Discussed. Disputes arose between the workmen and management of respondent-company on account of closure of some looms in its weaving section. While reference of the dispute was pending before the Industrial Tribunal, a settlement was arrived at between the management and the workmen on May 17, 1983. Management filed application for passing an Award in terms of the settlement, which the Appellant-trade union opposed. Matter ultimately came before this Court which directed the Tribunal to adjudicate. The Tribunal passed a detailed reasoned Award on June 12, 1987 holding that the settlement of May 17, 1983 was reached, in the course of conciliation proceedings and was hence binding on all the workers of the respondent-Company. The Award was duly published by the appropriate Government in the Gazette on August 10, 1987. A On September 7, 1987 the appellant-Union tiled an application before the Tribunal contending that the only question which had been argued before the Tribunal was in relation to the power and jurisdiction of the Conciliation Officer to record settlement between the parties during the pendency of the disputes; and that the other question as to whether the , settlement was fair and just was not argued. It was, therefore, prayed that , the Award dated June 12, 1987 be recalled and the appellant-Union be given an opportunity to establish that the settlement was unjust and unfair, adversely affecting a large number of workmen. Tribunal allowed the application by its order dated February 19, 1990. Writ petition filed before , High Court for quashing of the order was allowed. Hence the present appeal. In appeal to this Court, the questions arising for consideration were-whether the Tribunal was not functus officio and had jurisdiction to entertain the application for recall of its earlier Award, which amounted virtually to a review. |
Judge | Hon'ble Mr. Justice B.P. Singh |
Neutral Citation | 2005 INSC 145 |
Petitioner | Kapra Mazdoor Ekta Union |
Respondent | Management Of M/s. Birla Cotton Spinning And Weaving Mills Ltd. And Anr. |
SCR | [2005] 2 S.C.R. 888 |
Judgement Date | 2005-03-16 |
Case Number | 3475 |
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