Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Dispute -Award sent to Government by the Tribunal -Settlement between parties thereafter -Government, if mueI publish the Award -Conflict between Award and .settlement-Resolution of - Industrial Disputes Act, 1947 ( 14 of 1947) ss. 2 (p),.17, 18, 19. The facts of the three appeals are similar and the questions of law involved are identical. Industrial disputes having arisen between the appellants and their workmen the disputes were referred for adjudication. After the Tribunal forwarded their awards to the Government the parties in each dispute came to settlement. Thereafter letters were sent to the Government requesting them to withhold the publication of theAwards. The Government replied that under s. 17 of the Act it was mandatory for the Government to publish the Awards and they could not withhold publication. Thereupon writ petitions were filed before the High Court under Art. 226 of the Constitution praying that the Government might be directed to withhold the publication. The High Court held that since the provisions of s. 17 of the Act were mandatory it was not open to the high court to issue writs as prayed for and rejected the petitions. The present appeals are by way of certificate granted by the High Court. The main contentions in the appeals were that the provisions of s. 17 were not mandatory but were only directory and in the alternative that even if they were mandatory some via media had to be found in view of the conflict that would arise between an award published under s. 17 (I) and a settlement which was binding under s. I 8 (I) and therefore where there was a settlement which was binding under s. IB (I) it would be open to the Government not to publish the award. It was contended on behalf of the respondent that if the argument of the appellants was accepted it would create a difficult situation in as much as it would be possible for one party or the other to represent to the Government that the settlement had been arrived at as a result of fraud, misrepresentation or undue influence and corruption etc. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1963 INSC 63 |
Petitioner | The Sirsilk Ltd. And Others |
Respondent | Government Of Andhra Pradesh & Another |
SCR | [1964] 2 S.C.R. 448 |
Judgement Date | 1963-03-20 |
Case Number | 220, 423, 424 |
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