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Bombay Presidency - Section

Section 116A in Bombay Industrial Relations Act, 1946

116A. Modification of award. - [(1) Any party who under the provisions of section 116 is entitled to, give notice of the termination of an award may instead of giving such notice apply after the expiry of the period specified in sub-section (2), to the Industrial Court, the Labour Court or the Wage Board making the award, for its modification.

(2)Such application in the case of an award-
(a)which does not specify a date on which it shall cease to have effect shall be made until the expiry of the period of two months from the date on which notice can be given to terminate the award under section 116;
(b)which provides that it shall remain in force for a period exceeding one year, shall not be made until the expiry of one year from the date of its commencement.
(3)On such application being made, the Industrial Court, the Labour Court the Wage Board, as the case may be, may, after hearing the parties and taking such evidence as it thinks fit, modify the award [with effect from such date as it may specify].
(4)Where an application for the Modification of an award under sub-section (1) is made, such application shall not in any way affect the binding effect of such award in regard to the matters determined therein until it is modified.
(5)Nothing in this section shall affect the right of any part to terminate such award in accordance with the provisions of section 116.]