RAP MFRS EMPLOYEES WELFARE UNION, REP. BY GENERAL SECRETARY, MR. MUTHUSAMY, HOSUR Vs. THE DEPUTY COMMISSIONER OF LABOUR, SALEM AND OTHERS

JUDGEMENT

(1.) RAP MFRS' Employees' Welfare Union through its General Secretary, Hosur, aggrieved by the Arbitration Award dated 24.12.2001 in Arbitration Case No. 1 of 2000 of the Deputy Commissioner of Labour, Madurai, has filed the above Writ Petition to quash the same on various grounds.

(2.) Before K.P. Sivasubramaniam, J. one of the contentions of the Petitioner in seeking to set aside the award is that the agreement for reference to the Arbitrator was not published in the Gazette in terms of Sec. 10-A(3) of the Industrial Disputes Act (hereinafter referred to as the "I.D. Act"). It was further contended that non-publication of the agreement as required, would render the award null and void. In support of the above contentions, learned Senior Counsel for the Petitioner relied on two Full Bench decisions of this Court, viz., (i) R.K. Steels Vs. Their Workmen, 1977(1) LLJ 382; and (ii) Krishnaveni Transports Vs. Special Deputy Commissioner of Labour, Madras, 1989 LLJ 245.

(3.) Before the learned Judge, it is not disputed by the respondent Management that there was no publication of the Arbitration Agreement, as required under Sec. 10-A(3) of the I.D. Act. However, it is the claim of the Management that though the award may be invalid under the I.D. Act, the award will be enforceable as an award under Private Arbitration, for which the learned counsel for the Management relied on the observation of a Division Bench of this Court in Moorco (India) Ltd., rep. by its G.M. (Per.) Vs. The Government of Tamil Nadu, 1993(1) CLR 492.