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2016 DIGILAW 795 (ORI)

Bhaskar Ch. Nayak v. Indian Oil Corporation Ltd.

2016-09-13

SANJU PANDA, SUJIT NARAYAN PRASAD

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JUDGMENT : S.N. Prasad, J. In W.P.(C) No.6002 of 2003 the prayer is for not enforcing the award while in W.P.(C) No.5750 of 2002 the prayer is for enforcement of award, hence both the writ petitions are taken up together for their final disposal. 2. The case of the petitioner in W.P.(C) No.6002 of 2003 Indian Oil Corporation Ltd. that since this court in O.J.C. No.8970 of 1993 has directed not to arraigned the Indian Oil Corporation as party in the Industrial Dispute but ignoring the said order the petitioner has been arraigned as party to the dispute and it has been answered against it, hence this writ petition has been filed for not enforcing or taking any step for enforcement of the award dtd.6.11.1999 passed in Reference No.L-30011/9/92 (Misc.) dtd.30th April, 2003 and further award dtd.20th February, 2003. While W.P.(C) No.5750 of 2002 has been preferred by the workmen praying therein to enforce the award. 3. So far as the prayer made by the Indian Oil Corporation in W.P.(C) No.6002 of 2003 is concerned, that is with respect to restraining the authorities from enforcing the award on the ground that the order passed by this court in O.J.C. No.8970 of 1993 has not been complied with. We after going through the entire pleading of the writ petition found that no prayer has been made assailing the award. It has also not been submitted by the learned counsel for the petitioner as to whether they have challenged the award by way of any proceeding or not. It is settled that the moment a reference is being made U/s.10 of the Industrial Disputes Act, an award is to be passed U/s.17 of the Act and thereafter it became enforceable on expiry of 30 days of its publication in pursuance to the provision made U/s.17(A) of the I.D. Act. The provision of Sec.17 and 17(A) are as follows: [17. Publication of reports and awards.- (1) Every report of a Board or Court together with any minute of dissent recorded therewith, every arbitration award and every award of a Labour Court, Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government thinks fit. (2) Subject to the provisions of section 17A, the award published under sub-section (1) shall be final and shall not be called in question by any Court in any manner whatsoever.] 17A. Commencement of the award.- (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.]” The prayer made in this writ petition to restrain the authority from enforcing the award, but that cannot be passed by any court of law until and unless the award will be reversed or set aside by any court of law. In this regard statute is very explicit and clear as has been provided U/s.17 and 17(A) of the Industrial Disputes Act as has been referred herein above and as such we are not inclined to entertain the prayer made by the petitioner. Accordingly prayer made by the petitioner in W.P.(C) No.6002 of 2003 is not worth to be considered, hence the writ petition is dismissed. 4. So far as the prayer made in W.P.(C) No.5750 of 2002 is concerned, this court cannot act as an executive court of an award and there is specific provision for execution of award as provided U/s.11 sub-clause 9 and 10 which are being referred herein below:- “11(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under Order 21 of the Code of Civil Procedure, 1908. (10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.” In view of the specific provision provided in the Industrial Disputes Act as stated herein above, we are not inclined to entertain the prayer by passing order for enforcement of the award. Accordingly this writ petition is dismissed.