Award :
“Award” means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under Section 10-A. [Section 2(b)]
This definition was analysed in the case of Cox & Kings (Agents) Ltd. v. Their Workmen, AIR 1977 S.C. 1666 as follows: The definition of “award” is in two parts. The first part covers a determination, final or interim, of any industrial dispute. The second part takes in a determination of any question relating to an industrial dispute. However, basic thing to both the parts is the existence of an industrial dispute, actual or apprehended. The ‘determination contemplated is of the industrial dispute or a question relating thereto on merits.
The word ‘determination’ implies that the Labour Court or the Tribunal should adjudicate the dispute upon relevant materials and exercise its own judgement. The definition of ‘award’ also includes the ‘interim award’, but it should be distinguished from ‘interim relief’ granted by Tribunal under Section 10(4). (Hotel Imperial v. Hotel Workers Union). However, in Management of Bihar State Electricity Board v. Their Workmen, it was held that since there is no provision for interim relief in the Act, it will take the form of interim award. It may be noted that if the ‘interim relief’ does not take the form of ‘interim award’, the violation of it, will not attract any penalty under the Act.
Further, if an industrial dispute has been permitted to be withdrawn by an order of the adjudication authority, it will not amount to an award because there is no determination of the dispute on merit. However, position would be different if the dispute has been settled by a private agreement and the Tribunal has been asked to make award in terms of the agreement. The Delhi High Court in Hindustan Housing Factory Employees Union v. Hindustan Housing Factory, has held that such an award is binding on the parties provided it is not tainted with fraud, coercion, etc. However, it is necessary that the Tribunal brings its own judicial mind with regard to such a compromise so that there is determination of the dispute.
Lastly, if any party to the dispute does not appear before the adjudication authority, the Tribunal can proceed exparte but cannot make award unless it has exercised its mind. Thus, the order of dismissal of the reference, for default, does not amount to award.