M SUBBALAKSHMI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS writ petition is filed for the issuance of a writ of certiorarified mandamus, calling for the records from the first respondent labour Court relating to its order dated 21. 10. 2002 in I. A. No. 56 of 2001 in i. D. No. 146 of 1994 on the file of first respondent, quash the same and consequently direct the second respondent to implement the award dated 16. 06. 2000 in I. D. No. 146 of 1994 by granting all benefits due to deceased Mookiah, to the legal heirs i. e. the petitioners, on the date of death of Mookiah on 14. 2. 2001 together with interest at 12% p. a. till the date of actual payment.

(2.) THE writ petition falls on narrow scope. THE petitioners are the legal heirs of the workman Mookiah, who was dismissed from service on 31. 08. 1987, which was challenged by him by filing I. D. No. 146 of 1994 before the first respondent/labour Court, Tirunelveli. An ex parte award was passed on 16. 06. 2000 and the same was published in the Government gazette on 01. 08. 2000. It is needless to mention that the said award has been coming into force after the expiry of 30 days i. e. from 01. 09. 2000. THE second respondent/electricity Board has filed I. A. No. 56 of 2001 on 24. 10. 2000 to condone the delay of 117 days in filing a petition to set aside the ex parte award and the same was allowed. Hence, the present writ petition.

(3.) THIS Court in Grindlays Bank Ltd. v. Central government Industrial Tribunal and Others. 1980 Supp. SCC 420 held that the tribunal does not become functus officio provided an application for setting aside the award is filed within thirty days of publication of award having regard to the provisions contained in Section 11 of the Act and Rules 22 and 24 of the Industrial Disputes (Central) Rules, 1957 stating: "the contention that the Tribunal had become functus officio and, therefore, had no jurisdiction to set aside the ex parte award and that the Central Government alone could set it aside, does not commend to us. Sub-section (3) of Section 20 of the Act provides that the proceedings before the Tribunal would be deemed to continue till the date on which the award becomes enforceable under Section 17-A. Under Section 17-A of the Act, an award becomes enforceable on the expiry of 30 days from the date of its publication under Section 17. The proceedings with regard to a reference under Section 10 of the Act are, therefore, not deemed to be concluded until the expiry of 30 days from the publication of the award. Till then the Tribunal retains jurisdiction over the dispute referred to it for adjudication and up to that date it has the power to entertain an application in connection with such dispute. That stage is not reached till the award becomes enforceable under Section 17-A. In the instant case, the Tribunal made the ex parte award on December 9, 1976. That award was published by the Central government in the Gazette of India dated December 25, 1976. The application for setting aside the ex parte award was filed by respondent 3, acting on behalf of respondents 5 to 17 on January 19, 1977 i. e. before the expiry of 30 days of its publication and was, therefore, rightly entertained by the tribunal. . . "