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State of Uttar Pradesh - Section

Section 6 in U.P. Industrial Disputes Act, 1947

6. [ Awards and action to be taken thereon. [Substituted by U.P. Act No. 1 of 1957.]

(1)Where an industrial dispute has been referred to a Labour Court or Tribunal for adjudication, it shall hold its proceedings expeditiously and shall as soon as it is practicable on the conclusion thereof, submit its award to the State Government.
(2)The award of a Labour Court or Tribunal shall be in writing and shall be signed by its Presiding Officer.][(2-A) An award in an industrial dispute relating to the discharge or dismissal of a workman may direct the setting aside of the discharge or dismissal and re-instatement of the workman on such terms and conditions if any, as the authority making the award may think fit, or granting such other relief to the workman, including the substitution of any lesser punishment for discharge or dismissal, as the circumstances of the case may require.] [Inserted by U.P. Act No. 34 of 1978.]
(3)Subject to the provisions of sub-section (4) every arbitration award and the award of a Labour Court or Tribunal, shall, within a period or thirty days from the date of its receipt by the State Government be published in such manner as the State Government thinks fit.
(4)[ Before publication of an award of a Labour Court or Tribunal under sub-section (3), if the State Government if of the opinion that, -
(a)the adjudicating authority has unreasonably refused permission to any party to adduce evidence; or
(b)any party was prevented by any other sufficient cause from adducing evidence; or
(c)new and important material fact or evidence has come to notice, which after the exercise of due diligence, was not within the knowledge of, or could not be produced by, the party at the time when the award was made; or
(d)the award is likely to disturb the industrial peace; or
(e)the award is likely to affect prejudicially the national or State economy; or
(f)the award is likely to interfere with the principles of social justice; or
(g)the award has left undetermined any of the matters referred for adjudication, or where it determines any matter not referred for adjudication and such matter cannot be separated without affecting the determination of the matters referred; or
(h)the award is so indefinite as to be incapable of being enforced; or
(i)illegality of the award is apparent upon the face of it, it may, after giving the parties reasonable opportunity of being heard, for reasons to be recorded, remit the award for reconsideration of the adjudicating authority, and that authority shall, after reconsideration, submit its award to the State Government, and the State Government shall publish the award in the manner provided in sub-section (3).]
(5)Subject to the provision of Section 6-A, an award published under sub-section (3) shall be final and shall not be called in question in any Court in any manner whatsoever.
(6)A Labour Court, Tribunal or Arbitrator may either of its own motion or on the application of any party to the dispute, correct any clerical or arithmetical mistakes in the award, or errors arising therein from any accidental slip or omission; whenever any correction is made as aforesaid, a copy of the order shall be sent to the State Government and the provision of this Act; relating to the publication of an award mutatis mutandis apply thereto.