CHATTAR SINGH Vs. MANAGEMENT OF A FASIONIST

JUDGEMENT

(1.) The petitioner has challenged the order dated 15.11.2003 by which the Award dated 27.2.1999 was set aside. By this Award, the workman, petitioner in the present writ petition was directed to be reinstated in service with full back wages. Apparently, this was an ex-parte Award. The Award was published on 4.5.1999. It became enforcable on expiry of 30 days' period, i.e. w.e.f. 3.6.1999. The respondent filed an application under Order 9 Rule 13 on 10.5.2000. This application was dismissed on 11.5.2000. The order of 11.5.2000 was challenged in WP(C) 2882/00. This Court then passed the judgment dated 23.7.2003. The Labour Court had declined to set aside the ex-parte Award on the ground that it has become functus officio. This Court vide judgment dated 23.7.2003 following the judgement of the Supreme Court in (2001) 10 SCC 534 held that the Labour Court had not become functus officio. This Court then directed the parties to appear before the Industrial Tribunal-cum-Labour Court on 27.8.2003. It was in pursuance of the order of this Court dated 23.7.2003 that the impugned order was passed.

(2.) On behalf of the petitioner, reliance is placed on the judgment of Supreme Court in the case of M/s. Sangham Tape Company Jvs. Hans Raj, JT 2004(8) SC 109 in which Supreme Court has taken the view that after expiry of 30 days from the publication of the Award, Labour Court/Industrial Tribunal becomes functus officio. It is, therefore, submitted by the petitioner that the impugned order is without jurisdiction and, therefore, liable to be set aside. On behalf of the respondent, it is submitted that the petitioner cannot seek shelter under this judgment of M/s.Sangham Tape Company (supra) as the Industrial Tribunal has acted under the directions of this Court given in the earlier writ petition, WP(C) 2882/00. I find myself in agreement with the respondent. The Labour Court has only complied with the directions of this Court in WP(C) 2882/00. That order has not been challenged either in LPA or SLP and now stands as final. The impugned order cannot be interfered with. The writ petition is accordingly dismissed. The interim stay granted is vacated.