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.