Section 116 in Bombay Industrial Relations Act, 1946
116. Agreement etc., when to cease to have effect. - (1) A registered agreement or a settlement or award shall cease to have effect on the date specified therein or if no such date is specified therein, on the expiry of the period of two months from the date on which notice in writing to terminate such agreement, settlement or award as the case may be, is given in the prescribed manner by any of the parties thereto the other party :
Provided that no such notice shall be given till the expiry of three months after the agreement, settlement or award comes into operation.(2)Nothing in this section shall prevent the terms of a registered agreement or a settlement [or an award in terms of an agreement] being changed or modified by mutual consent of the parties affected thereby [and the registered agreement, settlement or award shall be deemed to be changed or modified accordingly].(3)Notwithstanding anything contained in sub-section (1) or (2), If a registered agreement or a settlement or award provides that it shall remain in force for a period exceeding one year, it may after the expiry of one year from the date of its commencement be terminated by either party thereto giving two months' notice in the prescribed manner to the other party.(4)The party giving notice under sub-section (1) or (3) shall send a copy of it to the Registrar and the Labour Officer of the Local area concerned.[(4A) A notice given by a party under sub-section (1) or (3) may be withdrawn by it by a subsequent notice given in writing in the prescribed manner before the expiry of two calendar months from the date on which the previous notice was given. The party giving such subsequent notice shall send a copy thereof to the Registrar and the Labour Officer of the Local area concerned.](5)If a registered agreement, or a settlement or award is terminated under subsection (1) or (3) or if the terms of a registered agreement, or a settlement [or an award] are changed or modified by mutual consent, notice of such termination, change or modification shall be given by the parties concerned to the Registrar and the Labour Officer. The Registrar shall enter the notice of such termination, change or modification in a register kept for the purpose.Explanation. - For the purposes of this section, parties who shall be competent to terminate a registered agreement or a settlement or award, or to change or to modify the terms of a registered agreement or a settlement [or an award] and who shall give notice of such termination, change or modification under sub-section (5) shall be the employer who has signed the agreement or settlement or who is a party to the award or the heirs, successors or assigns of such employer in respect of the undertaking concerned and the representative of the employees affected by the agreement, settlement or award.
