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august 1989

Supreme Court of India · 1989-08-31

KARNAL LEATHER KARAMCHARI SANGHATAN(REGD.) vs LIBERTY FOOTWEAR COMPANY (REGD.) & ORS.

Citation / case number
SC 1989/72450
Court
Supreme Court of India
Petitioner
KARNAL LEATHER KARAMCHARI SANGHATAN(REGD.)
Respondent
LIBERTY FOOTWEAR COMPANY (REGD.) & ORS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that the requirement of publication of the arbitration agreement in the official Gazette under Sub-section 3 of Section 10A of the Industrial Disputes Act, 1947 is mandatory, and non-compliance renders the award invalid. The Court emphasized that the use of the word 'shall' in both the statute and the Industrial Disputes (Central) Rules, 1967 indicates a clear obligation to publish the agreement. Consequently, the High Court's decision to invalidate the award due to non-publication was upheld, and the matter was referred back for fresh determination after compliance with the publication requirement.

KARNAL LEATHER KARAMCHARI SANGHATAN(REGD.) vs LIBERTY FOOTWEAR COMPANY (REGD.) & ORS. · Niyam