30. Awards.
(1) The Court shall have power in relation to a trade dispute referred
to it or in relation to a reference to it under section 20 (3), to
make an award (including an interim award) relating to all or any
of the issues.
(2) Where the Court is not unanimous on any question or matter
to be determined, a decision shall be taken by a majority of members
and, if there is no majority decision, by the President or Chairman.
(3) The Court shall make its ward without delay and where practicable
within thirty days from the date of reference to it of the trade
dispute or of a reference to it under section 20 (3).
(4) In making its award in respect of a trade dispute, the Court
shall have regard to the public interest, the financial implications
and the effect of the award on the economy of the country, and on
the industry concerned and also to the probable effect in related
or similar industries.
(5) The Court shall act according to equity, good conscience and
the substantial merits of the case without regard to technicalities
and legal form.
(5A) In making its award, the Court may take into consideration
any agreement or code relating to employment practices between organisations
representative of employers and workmen respectively where such agreement
or code has been approved by the Minister.
(6) In making its award, the Court shall not be restricted to the
specific relief claimed by the parties or to the demands made by
the parties in the course of the trade dispute or in the matter of
the reference to it under section 20 (3) but may include in the award
any matter or thing which it thinks necessary or expedient for the
purpose of settling the trade dispute or the reference to it under
section 20 (3).
(7) As award may specify the period during which it shall continue
in force, and may be retrospective to such date as is specified in
the award: Provided that the retrospective date of the award may
not, except in the case of a decision of the Court under section
33 or an order of the Court under section 56 (2)(c) or an award of
the Court for the reinstatement of a workman on a reference to it
in respect of the dismissal of a workman, be earlier than six months
from the date on which the dispute was referred to the Court.
(8) The award of the Court shall be signed by the President or the
Chairman of any Division or in the event of the President or the
Chairman for any reason being unable to sign the award by the remaining
members.
(9) The may rectify in any award any clerical error or mistake
arising from any accidental slip or omission.