JAGDAMBA AUTO INDUSTRIES Vs. KOMAL YADAV

JUDGEMENT

(1.) RULE . D.B.

(2.) ON November 29, 1985, the Labour Court gave an award in the presence of Mr. Kashyap, who was the secretary of the Union, of which the workman was a member, and his authorised representative. The award was published in the Gazette on June 5, 1986, and it became enforceable after the expiry of 30 days.

(3.) AS already pointed out, Shri S. L. Kashyap had appeared for the workman in the proceedings before the Labour Court which culminated in the award dated November 29, 1985, and the same person, the secretary of the Union had filed the application under Order 9, Rule 13, Civil Procedure Code. In this view of the matter, we are of the view that the Labour Court was not justified, on the facts of the case, in setting aside the award.