Case Note & Summary
The dispute arose between an industrial company and its employees, leading to a reference by the Governor of Uttar Pradesh to the Labour Commissioner for adjudication. The Governor directed that the award be submitted by April 5, 1950, but the award was made on April 13, 1950, after the deadline. Subsequently, the Governor issued a notification on April 26, 1950, extending the time for the award submission to April 30, 1950. The appellant company challenged the validity of the award, arguing that the extension was ineffective as it occurred after the original deadline and after the award was made. The Labour Appellate Tribunal dismissed the appeal, asserting that the Government had the authority to extend the time limit. The Supreme Court, however, found that the U.P. Industrial Disputes Act did not confer such power to extend the time after it had expired, and thus the award was made without jurisdiction and declared a nullity. The court emphasized that the adjudicator had no authority to act after the specified time, leading to the appeal being allowed and the award being declared void, with no order as to costs.
Headnote
A) Industrial Disputes - Extension of Time - Authority to Extend - U.P. Industrial Disputes Act, 1947, Section 6 - The court held that the State Government had no authority to extend the time for making the award after the original time limit had expired, rendering the award null and void. The adjudicator became functus officio upon the expiry of the time specified in the original order of reference (Paras 1-3).
Issue of Consideration
Whether the Government of Uttar Pradesh had the power to extend the time for making the award ex post facto, after the time limit originally fixed had expired.
Final Decision
The Supreme Court allowed the appeal, declaring the award null and void due to lack of jurisdiction, as the adjudicator had become functus officio upon the expiry of the time specified in the original order of reference.
Law Points
- jurisdiction
- extension of time
- industrial disputes
- nullity of award
