ISSUE:
Whether the failure to publish the award within the 30-day period under Section 17(1) of the Industrial Disputes Act renders it invalid and unenforceable?
Whether the Tribunal erred in revising the wage scales by equating the Kerala branch with the Madras Regional Office without evidence of comparable concerns?
RULE:
The provision in Section 17(1) prescribing a 30-day period for publication is directory and not mandatory. The legislative intent is to ensure timely publication, but failure to do so does not vitiate the award. The absence of a penalty for delayed publication and the potential for undue hardship to parties indicate that strict compliance is not essential to the award’s validity.
Revision of wages requires evidence of comparable concerns and financial viability. A tribunal cannot assume parity across branches without proof that the work performed, economic conditions, and employer capacity are substantially similar.