J N ENTERPRISES Vs. LABOUR COURT

JUDGEMENT

(1.) THIS writ petition was filed by the petitioner -management challenging the order dated 10th July, 1992 passed by the Labour Court dismissing the petitioner's application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex -parte award dated 7th February, 1992 whereby the Labour Court had ordered reinstatement of respondent no. 1 -workman in its service after holding the termination of his services by the petitioner -management to be illegal.

(2.) THE Labour Court had dismissed the application under Order 9 Rule 13 CPC only on the ground that by the time that application came to be filed it had already become functus officio because of the award rendered by it having been published and becoming enforceable. For this conclusion the Labour Court had placed reliance on a judgment of this Court in "Jagdamba Auto Industry Vs. Kamal Yadav", 45 (1991) DLT 125 (DB) wherein it had been held that the Labour Court becomes functus officio only after 30 days of the period from the date of publication of the award.

(3.) IN view of these pronouncements of the Apex Court, the impugned order of the Labour Court in the present case has to be set aside and the matter deserved to be remanded back to the Labour Court with the direction to deal with the petitioner's application under Order IX Rule 13 CPC on merits.