MODERN THEARTRES LTD Vs. P O LABOUR COURT

JUDGEMENT

(1.) The contention of the employer-petitioner is that even after the expiry of the period of operation of the award passed by the Industrial Tribunal, until the award is terminated by a notice of termination as contemplated by Section 19(6) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the I.D. Act"), the award would continue to be in "operation" and, therefore, a notification issued under the Minimum Wages Act prescribing the rates of wages for workmen who are parties to the award, even when the wages prescribed under the notification are higher than that provided for in the award, would be of no effect.

(2.) The petitioner is a company which owns a studio, and in a dispute between it and its workmen with regard to the scale of wages payable to them an award was passed by the Industrial Tribunal on August 9, 1972. The period for which the award was to be in operation was one year as provided under Section 19(3) of the Industrial Disputes Act, which reads thus:

(3.) It is not the case of the petitioner that the period of operation of this award was at any time extended by the Government. The award, therefore, remained in operation for a period of one year, viz., from July 13, 1972, to July 12, 1973. The award clearly was not operative for the purpose of Section 19(3) of the Industrial Disputes Act when the notification dated November 24, 1982, under the Minimum Wages Act was published fixing the rates of wages for employees in the cinema industry.