UNIVERSITY INSTITUTE OF LAWS

P.U. REGIONAL CENTRE, LUDHIANA

Assignment on:

Remedies and awards that can granted by industrial tribunals

Submitted for

The Subject of: Labour and Industrial Law

Submitted To: Submitted By:

Dr. Renu Sharma Name: Samridhi

Class: BA.LLB. (Hons.)

Semester: 9th

Roll Number: 74/20F

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 ACKNOWLEDGEMENT
“It is not possible to prepare a project report without the assistance and
encouragement of other people. This is one certainly no exception”.

At the outset of this report, I would like to extend my sincere and

heartfelt gratitude to all people along the way. No words can adequately
express my sense of gratitude; still, I express my heartfelt indebted to
my research supervisor Dr. Renu Sharma for her conscientious and
guidance to accomplish this assignment and I extend my gratitude to
her for giving me this opportunity and for always believing and
encouraging me to set higher goals.

I also acknowledge my gratitude towards my family and special thanks

to all my friends for their guidance and support.

Any omission in this brief acknowledgement does not mean lack of

gratitude.

-SAMRIDHI

Roll no: 74/20F

Class: BA.LLB. (Hons.) (9th semester)

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 TABLE OF CONTENTS
S.NO. TOPIC PAGE NO.

1. TABLE OF CASES 4

2. TABLE OF ABBREVIATIONS 5

3. INTRODUCTION 6

4. INDUSTRIAL TRIBUNAL 7

5. AWARD 8-12

6. REMEDIES 13-15

7. CONCLUSION 16-17

8. BIBLIOGRAPHY 18

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 TABLE OF CASES
Hindustan Lever Ltd. V B.N. Dongre…………………………………………11

Bharat Bank Ltd. versus Employees of the Bharat Bank……………………...12

Bangalore Water Supply and Sewerage Board v. A. Rajappa…………………13

Mohan Lal v. Sohan Lal……………………………………………………….13

National Textile Workers' Union v. Ramakrishnan……………………………14

Indian Oil Corporation Ltd. v. Amritsar Gas Service………………………….14

Laxmi Kanta Roy v. State of West Bengal…………………………………….14

Hariprasad v. A. D. Divakar……………………………………………………15

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TABLE OF ABBREVIATIONS

ABBREVIATIONS FULL FORMS

AIR ALL INDIA REPORTER

SC SUPREME COURT

IC INTERNAL COMMITTEE

MLJ Madras Law Journal

SCC SUPREME COURT CASES

SCR SUPREME COURT REPORTS

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 INTRODUCTION
The law relating to labour and employment in India is primarily known under the
broad category of "Industrial Law". Industrial Law in this country is of recent
vintage and has developed in respect to the vastly increased awakening of the
workers of their rights, particularly after the advent of Independence. Industrial
relations embrace a complex of relationships between the workers, employers and
government, basically concerned with the determination of the terms of
employment and conditions of labour of the workers.

The Industrial Disputes Act, 1947 and other analogous State statutes provide the
machinery for regulating the rights of the employers and employees for
investigation and settlement of industrial disputes in peaceful and harmonious
atmosphere by providing scope for collective bargaining by negotiations and
mediation and, failing that, by voluntary arbitration or compulsory adjudication
by the authorities created under these statutes with the active participation of the
trade unions. With the aid of this machinery, industrial law covers a
comprehensive canvas of state intervention of social control through law to
protect directly the claims of workers to wages, bonus and retirement benefits
such as gratuity, provident fund and pension, claims, social security measures
such as workmen’s compensation, insurance, maternity benefits, safety welfare
and protection of minimum of economic well-being. Job security has been
particularly protected by providing industrial adjudication of unfair discharges
and dismissals and ensuring reinstatement of illegally discharged or dismissed
workmen1.

1
Meenu Paul, Labour & Industrial Laws. (Allahabad Law Agency, Faridabad, 10th Edition, 2020)

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 INDUSTRIAL TRIBUNAL
The Industrial Tribunal is an independent juridical tribunal on matters relating to
employment relations. It has exclusive jurisdiction to consider and decide all
cases of alleged unfair dismissal, in addition to other cases associated with
employment. Industrial Tribunals deal with claims brought against employers by
employees, typically relating to unfair and wrongful dismissals, discrimination,
equal pay, and deductions from wages. The preamble of the Industrial Disputes
Act, 1947 states that the purpose of the Act is ‘to make provisions for the
investigation and settlement of industrial disputes and for certain other purposes.

The Industrial Disputes Act, 1947 defines a Tribunal under Section 2 (r) which
lays down that “Tribunal means an Industrial Tribunal constituted under section
7A and includes an Industrial Tribunal constituted before the 10th day of March,
1957, under this Act”, the purpose of creating an industrial tribunal was to
introduce compulsory adjudication where voluntary negotiation fails and the
‘appropriate government’ believes that the matter is grave enough to be referred
to a tribunal. However, in order to work properly, it was felt by the legislature to
limit the jurisdiction of such tribunal or courts. As a result, two schedules were
created, the second schedule referred to matters within jurisdiction of labour
courts and the third schedule which referred to matters within the jurisdiction of
Industrial Tribunal.

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 AWARD THAT CAN BE
GRANTED BY INDUSTRIAL
TRIBUNAL
Section 2(b) defines award as “award means an interim or final determination of
an Industrial Dispute of any question relating thereto by any Labour Court,
Industrial Tribunal or National Tribunal and includes an arbitration award under
Section 10A.”

According to sub-section 2A of Section 10, Labour Court, Tribunal or National

Tribunal submits its award within the time period specified by the appropriate
government in the order of reference. It further provides that where such
industrial dispute is connected with an individual workman, no such period shall
exceed three months.

In computing any period specified for the submission of award, for which the
proceedings before the Labour Court, Tribunal or National Tribunal had been
stayed by any injunction or order of a Civil Court shall be excluded. But no
proceeding before a Labour Court, Tribunal or National Tribunal lapses, merely
on the ground that any period specified under Section 10 (2A) has expired without
such proceedings being completed.

According to Section 16(2), the award of a Labour Court or Tribunal or National

Tribunal must be in writing and must be signed by its presiding officer.

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And according to Section 17(1), every award shall within a period of 30 days
from the date of its receipt by the appropriate government, be published in such
manner as the appropriate government thinks fit.

Further, the award published under Section 17(1) shall be final and shall not be
called in question in any manner whatsoever. An award becomes enforceable on
the expiry of 30 days from the date of its publication under Section 17.

The appropriate government or the Central Government, as the case may be, by
notification in the Official Gazette, declare that the award shall not become
enforceable on the expiry of the said period of 30 days-

i. If the appropriate government is of opinion, in any case where the award

has been given by a Labour Court, or Tribunal in relation to an industrial
dispute to which it is a party; or
ii. If the Central Government is of opinion in any case where the award
has been given by a National Tribunal, that it will be inexpedient on
public grounds affecting national economy or social justice to give
effect to the whole or any part of the award.

Commencement and conclusion of proceedings before

Labour Court, Industrial Tribunal and National Tribunal
(Section 20(3)):
Proceedings before an arbitrator under section 10-A or [before a Labour Court,
Tribunal or National Tribunal] shall be deemed to have commenced on the date
of the [reference of the dispute for arbitration or adjudication, as the case may
be,] and such proceedings shall be deemed to have concluded [on the date on
which the award becomes enforceable under section 17-A of the act.

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PENALTY FOR BREACH OF SETTLEMENT OR
AWARD. (SECTION 29):
Any person who commits a breach of any terms of any settlement or award, which
is binding on him under this Act, shall be punishable:

 with imprisonment for a term which may extend to six months

 with fine, or
 with both, (Imprisonment and fine)

where the breach is a continuing one, with a further fine which may extend to two
hundred rupees for every day during which the breach continues after the
conviction for the first

Section 29 further provides that the Court trying the offence, if it fines the
offender, may direct that the whole or any part of the fine realised from him shall
be paid, by way of compensation, to any person who, in its opinion, has been
injured by such breach.

Non- Disclosure of Confidential information in the award

(section 21):
A Trade union, person, firm, or company may request in writing to the authorities
under the act to whom they give evidence of certain confidential information
during the investigation or inquiry, that such confidential information must not
be disclosed.

According to section 21, upon receiving such a written request, the authorities
cannot include such confidential information in their report or award.

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Penalty for Disclosing Confidential Information (section
30):
According to section 30, Any person who wilfully discloses any such information
as is referred to in section 21 in contravention of the provisions of that section
shall, on complaint made by or on behalf of the trade union or individual business
affected, be punishable with:

 imprisonment for a term which may extend to six months

 with fine which may extend to one thousand rupees
 with both.

“AWARD” of Labour Court, Industrial Tribunal and

National Tribunal Subject to “judicial review”:
The HC exercises the power of writ jurisdiction under Article 226 and power of
superintendence under Article 227 of the Indian Constitution.

The HC exercises the power of writ jurisdiction and supervision over all the lower
courts and tribunals within its jurisdiction.

It is well settled that the decision of the Labour Court and the Tribunals rendered
under the Industrial Disputes Act would be subject to review by the High Court
and under Articles 226/227 of the Indian Constitution.

Same View was taken in the case of Hindustan Lever Ltd. V B.N. Dongre2.

2
AIR 1995 SC 817

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Article 136(1) of the Indian Constitution provides as follow:
“Notwithstanding anything contained in this chapter, the Supreme Court may, in
its discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made by any
court or tribunal in the territory of India.”

The question that whether the Supreme Court can entertain an application for
leave to appeal against the award of Tribunal under Article 136 of the Indian
Constitution was discussed in Bharat Bank Ltd. versus Employees of the
Bharat Bank3, in which it was held that, “The functions and duties of the
Industrial Tribunal constituted under Industrial Disputes Act, 1947, are very
much like those of a body discharging judicial functions although it is not a Court,
and under Article 136 of the Constitution of India the Supreme Court jurisdiction
to entertain an application for leave to appeal from decision of the Tribunal, even
though it will be very careful to entertain such an application.” The Supreme
Court entertains any such application under Article 136 where the awards made
by the Tribunals are in violation of the principles of natural justice, causing
substantial and grave injustice to the parties to the dispute4.

3
AIR 1950 SC 188
4
Meenu Paul, Labour & Industrial Laws. (Allahabad Law Agency, Faridabad, 10th Edition, 2020).

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 REMEDIES THAT CAN BE
GRANTED BY INDUSTRIAL
TRIBUNAL
Industrial tribunals are established to resolve disputes between employers and
employees regarding industrial relations. The remedies that can be granted by
industrial tribunals typically include:

1. Reinstatement

 Provision: Many labor laws provide for reinstatement in cases of wrongful

termination or unfair dismissal. The tribunal can direct the reinstatement
of an employee if it finds that their dismissal was not justified.

 Case Law: In Bangalore Water Supply and Sewerage Board v. A.

Rajappa5 (1978), the Supreme Court held that reinstatement is appropriate
if the termination is found to be unjustified.

2. Back Wages

 Provision: Back wages may be awarded to compensate for lost earnings

due to wrongful termination.

 Case Law: The case of Mohan Lal v. Sohan Lal6 (1973) illustrates that
employees can claim back wages from the date of termination until
reinstatement.

5
1978 AIR 548
6
AIR1939ALL77

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3. Compensation

 Provision: Compensation for loss of earnings or emotional distress caused

by wrongful termination or unfair labor practices.

 Case Law: In National Textile Workers' Union v. Ramakrishnan7

(1983), the court awarded compensation for mental agony caused by illegal
actions of the employer.

4. Modification of Employment Terms

 Provision: The tribunal can modify terms of employment to ensure

fairness.

 Case Law: In Indian Oil Corporation Ltd. v. Amritsar Gas Service8

(2009), the Supreme Court emphasized the tribunal’s power to modify
contractual terms to reflect equity.

5. Declaration of Rights

 Provision: A tribunal can declare the rights of the parties involved,

clarifying legal standings.

 Case Law: In Laxmi Kanta Roy v. State of West Bengal9 (1974), the
court underscored the tribunal's role in clarifying rights under various labor
laws.

6. Injunctions

 Provision: To prevent unlawful practices or actions by either party.

7
AIR 1983 SUPREME COURT 759
8
(3) 196 1991 SCC (1) 533
9
2001 SCC (Cri) 109

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  Case Law: In Hariprasad v. A. D. Divakar10 (1957), the tribunal granted
an injunction against an employer to stop practices deemed unfair.

7. Lesser Punishments:

Tribunals can also execute their awards as decrees of a civil court. Industrial
Tribunal can also execute their awards as decrees of a civil court.

8. Other Remedies:

Other remedies for industrial disputes include: Collective Bargaining,

Negotiation, Conciliation and Mediation, Arbitration, and Adjudication.

Relevant Legislation

1. Industrial Disputes Act, 1947: This Act lays the framework for the
establishment and functioning of industrial tribunals in India.

o Section 10: Provides for the reference of disputes to tribunals.

o Section 11A: Allows the tribunal to set aside or modify orders of

dismissal under certain conditions.

2. Industrial Tribunals Act, 1947: This Act specifically governs the

establishment of industrial tribunals, their jurisdiction, and the powers they
hold.

10
1957 AIR 121

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 CONCLUSION
Industrial Tribunal forms an integral part of Industrial dispute redressal
mechanism by adjudicatory process. As with all tribunals the Industrial Tribunal
as formed under Section 7A of the Industrial Disputes Act, 1947 have some
obvious flaws like slow pace of adjudication etc. however from the quasi-judicial
perspective the Industrial tribunal is one of the most successful tribunals.

Although the legislature by its incessant amendments have tried to define exactly
the jurisdiction but the courts keeping in mind the social nature of the act have
always interpreted the jurisdiction clause in such a manner so as to include most
of the industrial disputes within the ambit of the Act. Thus, today a matter
belonging not only to third schedule can be referred but also a matter from the
second schedule can be sent for adjudication in the tribunal.

Thus, not only disputes relating to wages, compensatory and other allowances,
hours of work, bonus, profit sharing, provident fund and gratuity, working
otherwise than in accordance with standing orders, classification by grades, rules
of discipline, Retrenchment of workmen and closure of establishment; etc are
within the ambit of tribunal but also matters relating to the propriety or legality
of an order passed by an employer under the standing orders, the application and

interpretation of standing order, discharge or dismissal of workmen including

reinstatement of, or grant of relief to, workmen wrongfully, withdrawal of any
customary concession or privilege, illegality or otherwise of a strike or lock-out
can be determined upon or adjudicated however the most important import to the
jurisdiction from second schedule is the residuary clause thereby giving industrial
tribunal virtually the authority to adjudge any industrial dispute.

Compulsory adjudication may well have contributed to the weakening of the trade
union movement in India, and complicated matters by bringing disputes before a
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centralized dispute resolution mechanism under the State’s authority, though they
may be addressed just as well internally. At present, while it is difficult for
labourers to secure their rights, even employers are restricted by the laws that
reflect the socialist bent of governance of the period in which they were enacted,
though these are hopelessly out of sync with contemporary realities. All the while,
the government holds too firm a grip, especially over dispute resolution.

However, there is no viable alternative to this system. Stringent provisions,

therefore are required for ensuring the time limit within which the orders/awards
to be implemented and clothe the courts and tribunal with powers of contempt of
court for non-implementation of orders /awards passed by them. It is submitted
that the need of the day is to evolve the frame- work in which workers and the
management perceive the need to co-operate. Bilateral regulation is the most
effective method of evolving norms which enjoy wide acceptance and till happens
the situation of labour laws in India especially industrial dispute laws will not
improve.

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 BIBLIOGRAPHY
STATUTORY REFERENCE:

 The Industrial Dispute Act, 1947

BOOKS REFERRED:

 D.D. SETH, COMMENTARIES ON INDUSTRIAL DISPUTE ACT, 1947, (JAIN BOOK

AGENCY, 6TH EDI, 2016)

 MEENU PAUL, LABOUR AND INDUSTRIAL LAW, (ALLAHABAD LAW AGENCY,

NEW DELHI, 9TH EDI.,2014

 J. K. SOONAVALA, SUPREME COURT ON INDUSTRIAL LAW, (LEXIS NEXIS, 4TH

EDI, 2017)

 K.D. SHRIVASTVA, COMMENTARIES ON THE PAYMENT OF WAGES ACT, 1936,

(PUBLISHED BY EASTERN BOOK COMPANY)

WEB REFERENCES:

 www.indiankanoon.com
 www.latestlaws.com
 www.legalservices.com
 www.indiancode.nic.in

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