Section 17A - Commencement of the award : Industrial Disputes Act 1947

When is Commencement of the award? Section 17A of Industrial Disputes Act 1947

Section 17A of Industrial Disputes Act 1947 : "Commencement of the award"

17A. (1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17:

Provided that-
(a) 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

(b) 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, the appropriate Government, or as the case may be, the Central Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days.

(2) Where any declaration has been made in relation to an award under the proviso to sub-section (1), the appropriate Government or the Central Government may, within ninety days from the date of publication of the award under section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together with a copy of the order before the Legislature of the State, if the order has been made by a State Government, or before Parliament, if the order has been made by the Central Government.

(3) Where any award as rejected or modified by an order made under sub-section (2) is laid before the Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen days from the date on which it is so laid; and where no order under sub-section (2) is made in pursuance of a declaration under the proviso to sub-section (1), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-section (2).

(4) Subject to the provisions of sub-section (1) and sub-section (3) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (1) or sub-section (3), as the case may be.

STATE AMENDMENTS

WEST BENGAL
After section 17A the following section shall be inserted :-
"17AA. Pronouncement and commencement of award, etc.-Notwithstanding anything contained in sections 17 and 17A,-

(1) every award, other determination or decision by an arbitrator or a Labour Court or a Tribunal shall be pronounced on a date notified for the purpose and shall be dated and signed by the person or persons pronouncing the award, determination or decision and such award, determination or decision once signed and dated shall not be altered save in the manner provided in this Act;

(2) the award, determination or decision of an arbitrator shall be pronounced in his office and the award, determination of decision of a Labour Court or a Tribunal shall be pronounced in open Court;

(3) a copy of every award, other determination or decision referred to in clause (1) certified in such manner as may be prescribed, shall be given by the arbitrator, Labour Court or Tribunal, as the case may be, to each of the parties to the dispute free of cost and a copy of the award, determination or decision as so certified shall be sent by the arbitrator, Labour Court or Tribunal, as the case may be, to the appropriate Government;

(4) every award, other determination or decision referred to in clause (1) shall become enforceable on the expiry of thirty days from the date of its pronouncement:

Provided that if the appropriate Government is of opinion, in any case where the award, other determination or decision has been given by an arbitrator or a Labour Court or a Tribunal, in relation to an industrial dispute in which it is a party, 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, other determination or decision, the appropriate Government may, by notification, declare that such award, determination or decision shall not become enforceable on the expiry of the said period of thirty days;

(5) where any declaration has been made in relation to an award, other determination or decision under the proviso to clause (4), the appropriate Government may, within ninety days from the date of such award, determination or decision, by notification, make an order rejecting or modifying such award, determination or decision, and shall, on the first available opportunity, lay the same and a copy of such order (where any such order has been made) before the Legislature of the State;

(6) where any award, other determination or decision is rejected by the appropriate Government under clause (5) it shall not be enforceable;

(7) where any award, other determination or decision is modified by an order made under clause (5) such award, determination or decision as so modified shall become enforceable on the expiry of fifteen days from the date on which the order making the modification is published in the Official Gazette;

(8) where a declaration under the proviso to clause (4) has been made but no order is made under clause (5), the award, determination or decision shall become enforceable on the expiry of the period of ninety days referred to in clause (5);

(9) subject to the provisions of clauses (6), (7) and (8) regarding the enforceability of an award, other determination or decision, the same shall come into operation with effect from such date as may be specified therein, and where no date is so specified it shall come into operation on the date when the same becomes enforceable under clause (4), clause (7) or clause (8), as the case may be;

(10) the award, other determination or decision pronounced under clause (7) shall, subject to the provisions of this section, be final and shall not be called in question by any Court in any manner whatsoever" - West Bengal Act No. 57 of 1980 and 34 of 1983.