JAMMU TEHSIL Vs. HAKUMAR SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the Jammu and Kashmir High Court at Jammu holding that the provisions of Or. 9 R. 13 of the Code of Civil Procedure, 1908 (in short "CPC") would be applicable only when the application to set aside the ex parte award made under the Industrial Disputes Act, 1947 (in short "the Act") is preferred within thirty days from the date of publication of award.

(2.) A brief reference to the factual position would suffice. The services of Respondent 1 were terminated by order dated 11.07.1989. The same was challenged by Respondent 1 by filing an appeal before the Registrar, Cooperative Societies, Jammu and Kashmir, Jammu. The Registrar vide his order dated 20.09.1989 dismissed the appeal. Against the said order, Respondent 1 preferred a revision before the Jammu and Kashmir Special Tribunal, Jammu (in short "the Tribunal"). The said revision application was dismissed by order dated 31.05.1990.

(3.) A dispute was raised under the Act in the year 1991. An ex parte award was passed by order dated 27.02.1992. According to the appellant, it came to know of the award when it received a letter dated 19.03.1994 from the Registrar, Cooperative Societies, Jammu and Kashmir, Jammu. Immediately thereafter an application was filed on 31.03.1994 to set aside the ex parte award. The Labour Court issued notice on the application and stayed execution of the award on 4.04.1994. Respondent 1 filed a writ petition before the Jammu and Kashmir High Court which was numbered as SWP No. 680 of 1994. By judgment dated 2.08.1994, a learned Single Judge of the High Court dismissed the writ petition. Letters Patent Appeal (SW) No. 166 of 1995 was filed against the judgment dated 2.08.1994. When it was placed before a Division Bench, separate orders were passed on 5.05.1999 as there was difference of opinion between the two Hon ble Judges as to whether the Labour Court/Tribunal became functus officio after passing of the award and whether there was scope of filing an application for setting aside the ex parte award. As the two Hon ble Judges differed on these issues, the matter was referred to a third Hon ble Judge who agreed with the view taken by one of the Hon ble Judges to the effect that principles applicable for setting aside the ex parte proceedings can be applied provided the application is filed within thirty days from the date of publication of the award. It was further held that after that period is over, the Labour Court/Tribunal became functus officio. The majority view of the High Court is questioned in this appeal. Learned counsel for the appellant submits that the High Court s view is erroneous. Learned counsel for the respondent supported the view expressed by the majority.