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6. Section 6(6) itself was considered in Tulsipur Sugar Company Ltd., vs. State of U.P. [1970 (1) SCR 35]. In that case, two questions were referred to Labour Court : (i) fitment of certain workmen in a new grade; and (ii) the date from which such fitment should have effect. The Labour Court made an award holding that the workmen should be fitted into certain grades and directed the employer to do so within one month after the award became enforceable. But it omitted to fix the date from which such fitment should be effected. The employer fitted the workmen in the new grades prospectively. The employees-Union applied under section 6(6) of the Act to amend the award on the ground that it had omitted to answer the second question referred to it. The Labour Court allowed the application and amended the award and directed the employer to place the workmen in their respective grades from 1.1.1960. The said amendment to the award was challenged on the ground that it was not a consequence of any clerical or arithmetic error or accidental slip/omission. It was also contended that power under section 6(6) can only be exercised before the date on which the award became enforceable and not thereafter. This Court negatived the said contentions. This Court held that the reference comprised two questions, the first relating to fitment, and the second relating to the date from which such fitment was to have effect; that the award as originally made answered the first question but did not decide the second question; that as the reference was in respect of two questions, the Labour Court was bound to answer the second question also; and the failure to do so was an error in the award due to an accidental slip or omission and that could be corrected under section 6(6). This Court also held that section 6(6) does not lay down expressly any time limit within which the correctional jurisdiction could be exercised and, therefore, was not barred by limitation.

8. A careful reading of section 6(6) and the two decisions shows that the two decisions considered two different situations. In Tulsipur Sugar Company, this Court found that the reference to the Labour Court consisted of two parts. The award answered only the first part and had omitted to answer the second (consequential) part. While modifying the award on an application under section 6(6), the Labour Court neither upset nor altered any of the findings recorded in its original award, but only answered the second part of the reference, which had earlier been omitted. Therefore, this Court held that such correction was permissible. On the other hand in Imtiaz Hussain, the Labour Court, in its award had specifically refused back-wages to the employee on the ground that his name was not in the list of permanent employees. But on an application under section 6(6), it re-examined the issue and held that though his name was not in the list of permanent employees, he was entitled to payment of salary and allowances from the date of termination till the date of reinstatement with continuity of service. In Tulsipur Sugar Company, there was a correction of an omission which fell within section 6(6). In Imtiaz Hussain, there was a review of the original order which of course, was impermissible. We may now summarize the scope of section 6(6) of the Act thus :

9. In this case, the reference to Labour Court consisted of two parts - whether the termination of the workmen was proper and legal, and if the answer was in the negative, then the benefits or compensation to which the workmen was entitled. The award originally made, answered the first part in the negative, but did not answer the consequential second part of the reference. In fact the award ended rather abruptly. On an application being made under section 6(6), the Labour Court recorded that it had accidentally omitted to answer the second part of the reference and rectified the omission by adding a paragraph. This case, therefore, squarely falls under Tulsipur Sugar (supra). We are of the view that the Labour Court had the power to amend the award.