ANIL SOOD Vs. S K SARUARIA

JUDGEMENT

(1.) In this petition (CWP No.325iy96) and connected petitions the petitioners seek setting aside of ex parte award made by the Industrial Tribunal/Labour Court and also for setting aside the order dismissing their application seeking setting aside of the ex parte award. It would suffice to only briefly state the facts of one of the petitions (CWP No.3251/96).

(2.) The ex parte award was made on 18 May 1995. It was published on 11 September 1995. An application for setting aside the ex parte award was made on 6 November 1995. It was dismissed on 9th November 1995 in view of decision of the Supreme Court in the case of Grindlays Bank Ltd. v. Central Government Industrial Tribunal & Others, 1980 (suppl.) SCC 420.

(3.) The award made by the Industrial Tribunal/Labour Court is required to be published within a period of 30 days from the date of its receipt by the appropriate Government as provided in Section 17(1) of the Industrial Disputes Act, 1947 (for short the Act). Subject to the provisions of Section 17A of the Act the award published under Section 17(1) attains finality and cannot be called in question in any Court in any manner whatsoever as provided in Section 17(2) of the Act. Under Section 17A an award(including an arbitration award) becomes enforceable on the expiry of 30 days from the date of its publication under Section 17 of the Act. .