Award and Judicial Review

• Award is the end product of the adjudication process.

• ‘Award’ is a technical term generally used to denote the

decision of an arbitrator.

• Industrial Disputes Act, 1947 to apply the determinations

of industrial disputes by the adjudicators under the Act.
 Definition of Award:
• Section 2(b) of the Industrial Disputes Act, 1947
define the term as “Award” means an interim or
final determination of any industrial dispute or

• Of any question relating thereto by any Labor

Court , Industrial Tribunal or National Industrial
Tribunal and includes an arbitration award
made u/sec.10 A.
 Interim or final determination:
• The express ‘determination 'of any dispute
means an adjudication of dispute on relevant
materials.

• The Supreme Court of India in Cox&Kings

Agents Ltd, Vs Their Workmen , 1977,LLJ, I,471.
A two fold test for the decision of the Tribunal
to fall within in the definition of Award.
• The Word ‘determination 'implies that the
adjudicator has to adjudicate upon the whole
dispute referred to him.

• The adjudicator cannot determine only part of

the dispute, by leaving the rest to be
determined by the parties.
• The word ‘interim’ means a temporary or
provisional arrangement made pending final
disposal of the dispute.

• Interim relief should not be the whole relief

that the workmen would get if they succeeded
finally.
• The question assumes that in view of the law
that if it is an Award it requires publication by
the appropriate movement under section 17
as a condition precedent for its enforceability.

• Decision on preliminary issues like 'industry’

‘industrial dispute 'workman’ is not an award.