TMI Blog1962 (2) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... r 8, 1956, the Registrar of the Tribunal informed the Ice Factories that the award of the Tribunal had been submitted to the Government. On December, 15, 1956, the award was published in the U.P. Gazette and it appeared from this publication that the award was dated November 8, 1956. On December 26, 1956, the Regional Conciliation Officer appointed under the Act called upon the Ice Factories to implement the award immediately. Thereupon the Ice Factories moved the High Court at Allahabad on January, 3, 1957 under Art. 226 of the Constitution in for writs quashing the award and prohibiting the Government and the workmen from taking steps to implement it. They contended that the award sought to be enforced was nullity as it had not been pronounced in open court as required by certain rules to which reference will presently be made. By a judgment passed on September 23, 1959, the High Court allowed the petitions of the Ice Factories and issued writs quashing the Notification publishing the award. The appeals are against this judgment of the High Court. 3. Section 3 of the Act gives the Government power in certain circumstances to make provisions by general, or special order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that they were and thereupon quashed the Notification publishing the award. The appellants contend that the High Court was in error and that the provisions are only directory and that the failure of the Tribunal to pronounce the award in open Court did not result in the award becoming void. The Ice Factories contend for the contrary view. 8. Mr. Aggarwala for the appellants referred us to the rule of construction stated in Maxwell on Interpretation of Statutes, 10th ed. at p. 381, which is as follows : Where the prescriptions of a statute relate to the performance of a public duty and where the invalidation of acts done in neglect of them would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty without promoting the essential aims of the Legislature, such prescriptions seem to be generally understood as mere instructions for the guidance and government of those on whom the duty is imposed, or, in other words as directory only. He said that the sub clause (7) of clause 9 of the Statutory Order imposed a public duty on the Tribunal and as none of the contesting parties to the proceedings before the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efect is brought to its notice for the Government itself referred the matter to the Tribunal for its decision. As soon as the Tribunal pronounces its award in open court, the proceedings will become fully effective. 11. It is also an accepted rule of construction that enactments regulating the procedure in courts are usually imperative : Maxwell on Interpretation of the Statutes, 10th ed. p. 379. It further appears to us that the object of the legislature would be defeated by reading clause 9(7) of the Statutory Order as containing a provision which is merely directory. We now proceed to ascertain that object from the other provisions in the Statutory Order, the Act and connected legislation. Section 6 of the U.P. Act provides as follows :- (1) When an authority to which an industrial dispute has been referred for adjudication has completed its enquiry, it shall, within such time as may be specified, submit its award to the State Government. (2) The State Government may .......... enforce for such period as it may specify all or any of the decisions in the award. 12. It was under this section that the Tribunal submitted its award to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard in open court was mandatory, the intention of the framers of the Statutory Order would be defeated. 15. Sub-clause (2) of clause 24 of the Statutory Order also leads to the same conclusion. That sub-clause is in these terms : Clerical or arithmetical mistakes in decisions or awards, or errors arising therein from any accidental slip or omission may, within one month of giving the decision or award be corrected by the Tribunal or the adjudicator, either of its or his own motion or on the application of any of the parties. Under this rule therefore clerical or arithmetical errors or slips may be corrected within one month of the giving of the decision and the parties have the right to apply for such corrections within that time. The Tribunal has no right to correct an error beyond that time. Nor has a party a right to move the Tribunal for making any such corrections after the time has expired. 16. In order that the intention of clause 24(2) may be given effect to, it is necessary that the date of the giving of the decision should be known. It cannot promptly be known to the parties unless the award is pronounced in open court. If any oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... U.P. Act or the Statutory Order does not provide for any publication of an award. Therefore an appeal from the Tribunal set up under the Statutory Order has to be filed within thirty days from the making of the award. Hence again it is essential that the date of the making of the award shall be known to the parties to enable them to avail themselves of the right of appeal. This cannot be known unless the judgment is pronounced in open court for the date of award is the date of its pronouncement. Hence again pronouncement of the judgment in open court is essential. If it were not so, the provisions for the appeal might be rendered ineffective. 18. For all these reasons it seems to us that the clear intention of the legislature is to make it imperative that judgments should be pronounced in open court by the Tribunal and judgments not so pronounced would therefore be a nullity. 19. In the view that we have taken it is unnecessary to deal separately with Standing Order No. 36. The provisions of that Standing Order and clause 9(7) of the Statutory Order are substantially the same. They should therefore be interpreted in the same way. In any case since we have held ..... X X X X Extracts X X X X X X X X Extracts X X X X
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