KENDRIYA VIDYALAYA SANGATHAN Vs. R. V. PALDE

JUDGEMENT

(1.) LEAVE granted.

(2.) THE Labour Court passed an ex parte award. The appellant made an application for setting aside the ex parte award. The application was rejected by relying upon decisions of the Delhi High Court in 1996 LLR 296 and 1996 LLR 717 to the effect that the Labour Court becomes functus officio if the application for recall is not moved within 30 days of publication of award in the Government Gazette. The appellant's challenge to the refusal of the Labour Court to recall its ex parte award was rejected by the High Court on the ground that it was not a fit case to interfere under Art.227.

(3.) WE , therefore, set aside the impugned decision of the High Court as well as the decision of the Labour Court dated 31-1-2002. The dispute referred will now be disposed of by the Labour Court after hearing the appellant. The Labour Court will dispose of the matter as expeditiously as possible and, if possible, within a period of six months from the date of receipt of this Court's order.