K. Venkataswami, J - (1.) THE question that has been referred to the Full Bench for its decision is whether non-publication of an arbitration agreement as required under Section 10A(3) of the Industrial Disputes Act, 1947, hereinafter called the Act and the non-publication of the eventual award as required under Section 17A of the Act is fatal to the award and therefore not-enforceable.
(2.) IN all these cases, it is common ground that the arbitration agreement itself has not been published as required under Section 10A(3) of the Act. IN addition to that it is also the common case that the eventual awards had also not been published. Mr. Vijayanarayanan and Mr. M.R. Naraya-naswami appearing in these cases advanced arguments requesting the Court to hold that non-publication of the arbitration agreement and the award being fatal to the award it cannot be enforced.
(3.) ON the other hand, Mr. G. Venkataraman of M/s.Iyer and Dolia and Mr. N.G.R. Prasad of M/ s. Row and Reddy contended that the non-publication of the arbitration agreement and the award will not render the award void and unenforceable. The requirements of publication according to them is only directory and not mandatory.;