Section 76A in The Gujarat Industrial Relations Act, 1946
76A. Procedure to give effect to awards affections [State] [This word was substituted for the word 'Provincial' by the Aadaptation of Laws order, 1950.] Government.
- [(1) Notwithstanding anything contained in sections 74 to 76 (both inclusive) where the award affects an industry conducted or carried on by a department of the [State] [Section 76A was inserted by Bombay 43 of 1948, section 14] Government, the award shall not be effective except in accordance with the procedure set out in subsections (2) and (3).(2)The arbitrator, Labour Court or Industrial Court shall, as soon as practicable, on the conclusion of its proceedings, submit its award to the [State] [This word was substituted for the word 'Provincial' by the Aadaptation of Laws order, 1950.] Government, and the [State] [This word was substituted for the word 'Provincial' by the Aadaptation of Laws order, 1950.] Government shall, by order in writing, declare the [award] [This word was substituted for the word 'decision' by Bombay 55 of 1949, section 11.] to be binding:Provided that where in the opinion of the [State] [This word was substituted for the word 'Provincial' by the Aadaptation of Laws order, 1950.] Government it would be inexpedient on public grounds to give effect to the whole or any part of the award the [State] [This word was substituted for the word 'Provincial' by the Aadaptation of Laws order, 1950.] Government, shall on the first available opportunity, lay the [award] [This word was substituted for the word 'decision' by Bombay 55 of 1949, section 11.] together with the statement of its reasons for not making a declaration as aforesaid before the Legislative assembly of the [State] [This word was substituted for the word 'Provincial' by the Aadaptation of Laws order, 1950.] and shall, as soon as may be, cause to be moved therein a resolution for the considerations of the [award] [This word was substituted for the word 'decision' by Bombay 55 of 1949, section 11.]; and the Legislative Assembly may by its resolution confirm, modify or reject the award.(3)On the passing of a resolution under the proviso to sub-section (2) unless the award is rejected thereby, the [State] [This word was substituted for the word 'Provincial' by the Aadaptation of Laws order, 1950.] Government shall, by order in writing declare the award as confirmed or modified by the resolution, as the case may be, to be binding.]
