(1.) HEARD the counsel for the appellant at the stage of admission of this writ appeal arising from a judgment and order dated 21/1/2008 passed by a learned Judge of the writ court. By the said order, the learned Judge dismissed the writ petition by a speaking order.
(2.) THE facts of the case are that the Labour Judge, Salem, as the presiding officer, passed an award on 16/12/2003 in a dispute between the appellant and its workman which was referred to the Labour Court. While passing the award, the Presiding Officer, Labour Court, Salem has recorded that despite repeated summons being issued to the respondent before the Labour Court, the appellant before us, the Management never chose to appear before the Labour Court. Thereupon, paper publication was ordered. Even then, the Management did not appear and as such, the award was passed ex parte. After the award was passed ex parte, a petition was filed before the Labour Court by the Management for setting aside the award. The award is dated 16. 12. 2003 and the petition which was affirmed and filed before the Labour Court appears to have been filed on 5/7/2004, without any application for condonation of delay. Thereafter, an application of condonation of delay was filed in November, 2004. In the application which was filed for setting aside the ex parte award, there is no explanation why the Management did not appear in the proceedings despite service of summons. It has also not been explained when the award was received by the Management.
(3.) IT is well known that under Section 17-A of the Industrial Disputes Act, 1947, an award is to be published within 30 days from the date of its receipt by the appropriate Government and an award becomes enforceable on the expiry of 30 days from the date of its publication under Section 17, this is provided under Section 17-A of the Act. Under Section 17 (2), it is provided that subject to the provision of Section 17-A, an award published under sub-section (1) shall be final and shall not be called in question by any Court in any manner whatsoever. Therefore, in the context of this provision, it is very important for the appellant to disclose when he receive the award after it was published. Without disclosing these facts, the application was made for setting aside the ex parte award before the Labour Court.