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TMI Blog1978 (8) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... t now be narrated. 2. One Mansukhlal was working with the respondent (hereinafter referred to as "the accused") and his services were terminated some time prior to 1973. An industrial dispute involving his dismissal and demanding is reinstatement was referred at the instance of the Deputy Commissioner of Labour to the Labour Court. That reference was heard as (IDA) No. 69D of 1973 and by an award dated 26th November, 1974, the Labour Court at Bombay directed the accused to reinstate the workmen with continuity of service and to pay back wages at the rate of ₹ 100 per month for the period from 5th April, 1973 till the end of November, 1974. This award was published on or about 17th December, 1974. Somewhere it is also mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be. An award thus made is required to be published, under S. 17 of the Industrial Disputes Act, within period of 30 days from the date of its receipt by the appropriate Government. Sub-section (2) of S. 17 lays down that subject to the provisions of S. 17A, the award published shall be final and shall not be called in question by any Court in any manner whatsoever. The provisions of S. 17A mention that the award shall become enforceable on the expiry of 30 days from the date of its publication under S. 17 subject to certain provisos in that section with which we are not immediately concerned. In the instant case, therefore, if the award is held to have been published on 2nd January, 1975, it became enforceable on 1st February, 1975. 4. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... months; in the case of offences punishable with imprisonment for a term not exceeding one year, the period of limitation is one year; and in the case of offences punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation prescribed is three years. In the case before me since under the provisions of S. 29 of the Industrial Disputes Act the offences is punishable with imprisonment for six months, the period of limitation will be obviously one year as provided in S. 468(2)(b) of the Code. The starting point of the period of limitation, however, is to be considered in the light of the provisions contained in S. 469 of the Code. The period of limitation in relation to an offender shall comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... piry of 30 days from the date of its publication under S. 17. In other words, on the 31st day after the publication of the award, the award becomes enforceable. That is the day on which the duty imposed upon the employer has to be performed. In the case of an award directing a reinstatement of a workman the act of reinstatement has to be performed on the 31st day after the publication of the award under S. 17. In the instant case the award was published on 2nd of January, 1975 and it became enforceable on the 1st February, 1975 and, therefore, the reinstatement ought to have been made by the employer on that particular day. If in the instant case, such reinstatement was not made by the employer, then the offence must be deemed to have been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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