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Issues: Whether the Labour Court could invoke Section 6(6) of the Uttar Pradesh Industrial Disputes Act, 1947 to modify the original award and grant back wages, and whether the High Court erred in upholding that modification.
Analysis: Section 6(6) authorises only correction of clerical or arithmetical mistakes and errors arising from accidental slip or omission. The power is analogous to Section 152 of the Code of Civil Procedure, 1908, which is confined to ministerial corrections and does not permit the Court or Tribunal to alter, add to, or otherwise vary the substantive terms of a final judgment or award. A correction cannot be used as a substitute for review or as a means of reopening the merits of the matter. The omission or error sought to be corrected must be unintentional and not one that affects the merits of the case. These principles equally apply to the Labour Court's power under Section 6(6).
Conclusion: The Labour Court had no jurisdiction to modify the award in the manner done, and the High Court ought not to have sustained that modification. The challenge to the modification succeeded.