"Award" under Industrial Dispute Act, 1947.

Question: "Award" under Industrial Dispute Act, 1947.

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Answer

Award means an interim or final determination of any industrial dispute or of any question relation thereto. The determination must be by any Labour Court, Industrial Tribunal, or National Tribunal. It includes an arbitration award made under section 10-A.

According to section 2 of the Industrial Dispute Act, 1947, the definition of an award falls into two parts. The first part covers a determination, final or interim, of any industrial dispute. The second part takes in a determination of any question related to an industrial dispute. But the basic postulate common to both the part of definitions is the existence of an industrial dispute, actual or apprehended. The determination contemplated by definition is of the industrial dispute or a question relating thereto on merits. In order to be an award a determination must be an adjudication of a question or point relating to an industrial dispute which has been specified in the order of reference or is incidental thereto and such adjudication must be one merit.

The award includes a final as well as an interim determination. The tribunal can grant only such interim awards that they are competent to grant at the time of final award, because the relief, which the tribunal has no right to grant at the time of final determination, shall be outside its authority at any stage of the proceedings.

Ingredients of Award –

To constitute an Award under Section 2(b) of the Industrial Dispute Act, 1947 the following ingredients are to be satisfied -

(a) An Award is an interim or final determination of an industrial dispute.

(b) It is an Interim or final determination of any question relating to such dispute.

(c) Such interim or final determination is made by any Labour Court, Industrial Tribunal or National Industrial Tribunal.

(d) Award (Judgement) of Arbitrators under section 10A is an Award.

In Hotel Imperial, New Delhi v. Hotel Workers Union, AIR 1959 SC 1342, workmen of three hotels in New Delhi were suspended on charge of misconduct pending application under section 33. The Tribunal had ordered these workmen to be paid their wages plus Rs. 25/- per month in lieu of food till the final decision with regard to their dismissal. On appeal, the Supreme Court stayed the order of the Tribunal on the condition that the workmen should be paid a sum equal to half of the amount adjudged payable by the tribunal could not adjudicate upon the question on interim relief because it was not agreed with this view because “interim relief, where it is admissible, can be the granted as a matter incidental to the main question without being itself express in plain terms.” It was further held that ordinary interim relief should not be the whole relief that the workmen would get if they finally succeeded.

An award can be made by a conciliation officer, a board of conciliation, a court of inquiry, a labour court, an industrial tribunal, or the National Industrial Tribunal, depending on the nature and complexity of the dispute.

The award typically covers issues related to wages, benefits, working conditions, and other terms of employment. It may also include directions for the implementation of the award, such as the duration of the award, the date of implementation, and the process for monitoring compliance.

Once an award is made, it is legally binding on both parties, and failure to comply with the terms of the award can result in legal action against the non-compliant party. Any party aggrieved by the award may file an appeal within a specified period to the appropriate higher authority.

In summary, an award under the Industrial Disputes Act, 1947, is a legally binding resolution made by a designated authority or tribunal regarding an industrial dispute. It sets out the terms and conditions for the parties involved, and non-compliance with the award can result in legal action against the non-compliant party.