Industrial Disputes Act

1947
Awards and Settlement
Sec 2(b)Awards
i. Interim or final determination of any industrial dispute or any
question relating thereto.
ii. Determination must be must be by Labour Court, Industrial Tribunal
or National Tribunal.
iii. Also includes Arbitration Award u/sec 10A.
Cox and Kings Ltd Vs Their Workmen
Determination must be an adjudication of a question or point relating
to an industrial dispute which has been specified in the order of
reference and must be on merits.
Sec 2(p): Settlement
i. Settlement arrived at in the course of conciliation proceedings. A
conciliation proceeding may be held by Conciliation Officer or
Board of Conciliation.
ii. Written agreement between employer and workmen arrived
otherwise than in course of conciliation proceedings.
Sec 16: Form of report or award
• The award must be signed by the presiding officer Labour Court,
Tribunal or National Tribunal.
• Report must be signed by all the members .
Sec 17: Publication of report and Award
• Every report of Board or Court /Arbitration Award, Award of Labour Court,
Tribunal or National Tribunal:- shall be published within 30 days from the
date receipt by the appropriate Government.
• Mandatory.
S M Mujeeb Vs Labour Court
The dispute was heard by one officer and the award was signed by the
successor presiding officer of the Tribunal.
Held: Award was illegal.
Section 17A: Commencement of Award
Enforceable on the expiry of 30 days from the date of publication of award.
Sec 18: Persons on whom the settlements
and awards are binding.
1. if the settlement is arrived at by agreement between the employer and workmen
otherwise than in course of conciliation, shall be binding on the parties to the
agreement.
2. (i) settlement arrived in the course of conciliation proceedings
(ii) an arbitration award if the agreement shows majority of workman
(iii)an award of Labour Court, Tribunal or National Tribunal
a) shall be binding on all parties to the industrial dispute
b) all parties summoned to apprear
c) Employer, his heir, successor
d) all persons who are employed in the establishment or subsequently
employed.
Case Laws:
• ANZ Grindlays Bank VS UOI
If the the settlement had not been entered into either before conciliation
Officer or any industrial forum, the settlement arrived at will only be
binding on the parties to it.

Punjab National Bank Vs Manjeet Singh

Held: An Award of Tribunal was binding on all workmen employed at the
time or who became employed subsequently. It is not reasonable to say
that award was not binding on them only because they were not parties.
Sec 19: Period of operation of settlement
and Award
Settlement Awards
• If no date is fixed: shall come • Shall remain in operation for a
into operation on the date period of one year.
agreed upon by the parties.
• If date is fixed: Shall come into
operation on the date the
memorandum is signed