STATE OF ORISSA Vs. PRASAD R D

JUDGEMENT

(1.) THIS matter involves the question of penalty for alleged breach of the terms of the award of an industrial tribunal by R. K. Prasad, manager, and B. D. Sharma, owner of Orient Colliery, Brajrajnagar, District Sambalpur, under Sections 29 and 32 of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter referred to as the Act ).

(2.) ON 26 May 1956, the All-India Industrial Tribunal (Colliery Disputes), Calcutta, published its award after adjudication between the coal mines referred to therein and their workmen in the matter of the industrial dispute regarding wages, inclusion of pay for lead and/or lift calculation of bonus, provident fund, etc. The said All-India Industrial Tribunal, having been presided over by Sri J. N. Majumdar, is hereafter referred to as the Majumdar award.

(3.) THE Majumdar award was given effect to from 26 May 1956, the date on which it was published. The award was subsequently modified by a decision of the Labour Appellate Tribunal of India by its decision dated 26 January 1957, in the manner indicated below so far as relevant for the present purpose. The period of operation of the award before its expiry was extended by the Central Government and the award still continues to be binding on the parties under Section 19 (6) of the Act.