1952 JTR(SC) 78
1953 AIR(SC) 41 ; 1952 4 FJR 404 ; 1953 1 LLJ 184 ; 1953 1 MLJ 189 ; 1953 SCA 378 ; 1953 SCJ 13 ; 1953 SCR 272 ; 1953 KHC 300
SUPREME COURT OF INDIA
Mehr Chand Mahajan, S. R. Das, N.H. Bhagwati, JJ.
Vishwamitra Press (Karyalaya) Kanpur – Appellant
Versus
Workers of Vishwamitra Press – Respondent
Civil Appeal No. 65 of 1952
Decided On : 02-12-1952
Act
Referred
:GENERAL CLAUSES ACT : S.10
UTTAR PRADESH GENERAL CLAUSES ACT : S.10
UTTAR PRADESH INDUSTRIAL DISPUTES ACT : S.3(d)
Award under the U.P. Industrial Disputes Act, 1917Period fixed for making award expiring on holiday- Award pronounced on next working day.:.- Validity of award. - U.P. Industrial Disputes Act (XXVIII of 1947), S. 3(d) Time for making award-Extension-U. P. General Clauses Act (1904) S.10.
The industrial dispute which arose between the appellant and the respondents was referred by the U.P. Govt. to the Industrial Disputes Tribunal, in exercise of the powers conferred by Ss. 3 and 4, D.P. Industrial Disputes Act, 1947. The U.P. Government had in exercise of the powers conferred by S. 3(d) of the Act promulgated an order inter alia providing for the adjudication of the industrial disputes referred by it to the industrial Tribunals. Paragraph 16 of the order provided: "The Tribunal or the Adjudicator shall hear the dispute and pronounce its decision within 40 days (including holidays observed by courts subordinate to the High Court) from the date of reference made to it by the State Government, and shall thereafter as soon as possible supply a copy of the same to the parties to the dispute, and to such other persons or bodies as the State Government may in writing direct:
Provided that the State Government may extend the said period from time to time."
Paragraph 9 which prescribed the powers and functions of Tribunals inter alia provided:
"The decision shall be in writing, and shall be pronounced in open court and dated and signed by the member or members of the Tribunal, as the case may be, at the time of pronouncing it."
The time for taking the award expired on 9.6.51 and on 9.6.51 a further notification was issued extending the time for making the award up to 30.6.51. 30.6.51 was a public holiday and 1st July was a Sunday. The Industrial Tribunal made its award on 2nd July, 1951 and pronounced it in open Court on that day.
Held: The original period calculated in accordance with para. 16 of the order dated 15.3.51 under S. 3(d) D.P. Industrial Disputes Act, expired on 9.6.51 and the Uttar Pradesh Govt. validly extended the period up to 30.6.51. The Industrial Tribunal was a Court within the meaning of S. 10 D.P. General Clauses Act, and therefore, the decision which was pronounced on 2.7.51 was well within time and was valid and binding on the parties.
The industrial dispute which arose between the appellant and the respondents was referred by the U.P. Govt. to the Industrial Disputes Tribunal, in exercise of the powers conferred by Ss. 3 and 4, D.P. Industrial Disputes Act, 1947. The U.P. Government had in exercise of the powers conferred by S. 3(d) of the Act promulgated an order inter alia providing for the adjudication of the industrial disputes referred by it to the industrial Tribunals. Paragraph 16 of the order provided: "The Tribunal or the Adjudicator shall hear the dispute and pronounce its decision within 40 days (including holidays observed by courts subordinate to the High Court) from the date of reference made to it by the State Government, and shall thereafter as soon as possible supply a copy of the same to the parties to the dispute, and to such other persons or bodies as the State Government may in writing direct:
Provided that the State Government may extend the said period from time to time."
Paragraph 9 which prescribed the powers and functions of Tribunals inter alia provided:
"The decision shall be in writing, and shall be pronounced in open court and dated and signed by the member or members of the Tribunal, as the case may be, at the time of pronouncing it."
The time for taking the award expired on 9.6.51 and on 9.6.51 a further notification was issued extending the time for making the award up to 30.6.51. 30.6.51 was a public holiday and 1st July was a Sunday. The Industrial Tribunal made its award on 2nd July, 1951 and pronounced it in open Court on that day.
Held: The original period calculated in accordance with para. 16 of the order dated 15.3.51 under S. 3(d) D.P. Industrial Disputes Act, expired on 9.6.51 and the Uttar Pradesh Govt. validly extended the period up to 30.6.51. The Industrial Tribunal was a Court within the meaning of S. 10 D.P. General Clauses Act, and therefore, the decision which was pronounced on 2.7.51 was well within time and was valid and binding on the parties.
Shri K. P. Khaitan, Senior Advocate (Shri Harnam Das. Advocate, with him), instructed by Shri B. P. Maheshwari, Agent---for Appellant, Shri K. B. Asthana, Advocate, instructed by Shi C. P Lal, Agent - for Respondents; Shri Goplji Mehrotra, Advocate, instructed by Shri C. P. Lal Agent-for Intervener.
Judgement
Bhagwati J. - This is an appeal by special leave against the decision of the labour Appellate Tribunal, Calcutta, upholding the award made by the State Industrial Tribunal, Uttar Pradesh with certain modifications.
2. An industrial dispute arose between the appellant the Vishwamitra Press Karyalay, Kanpur, and the respondents, the workers of the Vishwamitra Press as represented by the Kanpur Samachar Patra Karamchari Union, Kanpur, in regard to the alleged victimisation of certain workmen under the guise of retrenchment. That industrial dispute was referred to the Industrial Tribunal, by a notification dated 24th April 1951. The time for making the award expired on 9th June 1951 and on 9th June 1951 a further notification was issued extending the time for making the award up to 30th June 1951, 30th June 1951 was a public holiday and 1st July was a Sunday. The Industrial Tribunal made its award on 2nd July 1951 and pronounced it in open Court that day. It was, however, thought by the Uttar Pradesh Government that the award was beyond time and invalid and on 18th July 1951 a notification was issued extending the period up to 3rd July 1951. This award was challenged by the appellant before the Labour Appellate Tribunal The Labour Appellate Tribunal negatived the contentions of the appellant.
The appellant applied for special leave which was granted by this Court on 21st December1951 limited to the following grounds:
"(1) The Government had no power to extend the time of the making of Award after the expiry of the time originally fixed, and the award made by the Adjudicator after such time is illegal, ultra virus, inoperative and void.
(2) In any case the state Government had extended the time for making the award till 30th June 1961, and the Adjudicator s award made after that dale is void.
(3) That the extension of time by the Government on 21st July 1951, after even the time extended previously had expired, was ultra vires and it could not make a void award as a valid award."
3. The industrial dispute which arose between the appellant and the respondents was referred by the Uttar Pradesh Government to the Indus, trial Tribunal in exercise of the power conferred by Ss. 3 and 4, Uttar Pradesh Industrial Disputes Act, 1947. The Uttar Pradesh Government had in exercise of the powers conferred by S. 3 (d) of the Act promulgated an order inter alia providing for the adjudication of the industrial disputes referred by it to the Industrial Tribunals. Paragraph 16 of that order ran as under:
"The Tribunal or the Adjudicator shall hear the dispute and pronounce its decision within 40 days (excluding holidays observed by Courts subordinate to the High Court) from the date of reference made to it by the State Government, and shall thereafter as soon as possible supply a copy of the same to the parties to the dispute, and to such other Persons or bodies as the State Government may in writing direct :
Provided that the State Government may extend the said period from time to time."
4. Paragraph 9 which prescribed the powers and functions of Tribunals inter alia provided:
"(9) The decision shall be in writing, and shall be pronounced in open Court and dated and signed by the member or members of the Tribunal, as the case may be, at the time of Pronouncing it."
5. It was not disputed before us that the original period calculated in accordance with Para 16 above expired on 9th June 1951 and the Uttar Pradesh Government validly extended the period up to 30th June 1951. It was, however, contended first the Industrial Tribunal should have made its award on 30th June 1951 and not on 2nd July 1951 as it purported to do. It was urged that the provision as to excluding holidays observed by Courts subordinate to the High Court which obtained in Para. 16 above did not apply when the period was extended up to a particular date. It would apply only if the period was extended by a particular number of days when for the purpose of the computation of those days the holidays would have to be excluded in the manner therein mentioned. The Utter Pradesh Government having extended the period up to 30th June 1951, it was submitted that the award should have been made by 30th June 1951 and not later and having been made on 2nd July 1951 was, therefore, beyond time and invalid.
6. This argument might well have prevailed but for the provisions of S. 10, U. P. General Clauses Act, 1904. That Section provides :
"Where, by any United Provinces Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed Period, then, it the Court or office is closed on that day or the Last day of the prescribed period, the act or proceeding shall be considered as done or taken on the next day afterwards on which the Court or office is open."
The Industrial Court was closed on 30th June 1951 which was declared a public holiday. 1st July 1951 was a Sunday and it was competent to the Industrial Court to pronounce its decision on the next day afterwards on which the Industrial Court was open, i.e., 2nd July 1951. Prima facie therefore the award which was pronounced on 2nd July 1951 was well within time.
7. The only thing which Shri Khaiten counsel for the appellant urged before us, therefore, was that the Industrial Court was not a Court within the meaning of S. 10, U. P. General Clauses Act. The Court according to his submission could only be construed to mean a Court in the hierarchy of the civil Courts of the State and an Industrial court did non fall within that category. We are unable to accept this contention of Shri Khaitan. The Uttar Pradesh Industrial Disputes Act, 1947, was an Uttar Pradesh Act. The General Order dated 15th March 1951 which provided inter alia for the reference of the industrial dispute for adjudication and the manner in which it was to be adjudicated, was promulgated by the U. P. Government in exercise of the powers conferred upon it by S. 3 (d) of the Act.
Paragraph 9 (9) of the General Order provided for the decision being pronounced by the Industrial Tribunal in open Court and we fail to understand how it could ever be urged that the Industrial Tribunal was non a Court within the meaning of S. 10, U. P. General Clauses Act. If the Industrial Tribunal was thus a Court within the meaning of S. 10, U. P. General Clauses Act, the Court was closed on 30th June 1951 as also on 1st July 1951 and the decision could be pronounced by the Industrial Court on the next day afterwards on which it was open i.e. on 2nd July 1951. In our opinion, therefore, the decision which was pronounced on 2nd July 1951 was well within time and was valid and binding on the parties.
8. The above decision is determinative of this appeal, and the appeal will, therefore, stand dismissed with costs.
Appeal dismissed.
For Citation : AIR 1953 SC 41