BIRA 76A — Procedure to give effect to awards affecting State Government.

Bombay Industrial Relations Act (extended to Gujarat), 1946

Statutory text

(1) Notwithstanding anything contained in sections 74 to 76 (both inclusive), where the award affects an industry conducted or carried on by a department of the State Government, the award shall not be effective except in accordance with the procedure set out in sub-sections (2) and (3).

(2) The arbitrator, Labour Court or Industrial Court, shall, as soon as practicable on the conclusion of its proceedings, submit its award to the State Government and the State Government shall, by order in writing, declare the award to be binding :

Provided that, where in the opinion of the State Government it would be inexpedient on public grounds to give effect to the whole or any part of the award, the State Government shall, on the first available opportunity, lay the award together with the statement of its reasons for not making a declaration as aforesaid before the Legislative Assembly of the State and shall, as soon as may be, cause to be moved therein a resolution for the consideration of the award ; and the Legislative Assembly may by its resolution confirm, modify or reject the award.

(3) On the passing of a resolution under the proviso to sub-section (2) unless the award is rejected thereby, the State Government shall, by order in writing, declare award as confirmed or modified by the resolution, as the case may be, to be binding.

Back to BIRA