RAJMAN SHRIKRISHNA MORYA Vs. MARSHAL SECURITY PVT LTD

JUDGEMENT

(1.) The Petitioner has approached this Court against the decision of the Labour Court, Thane dated November 10, 2008 in Miscellaneous Application (IDA) No. 67/2006. This application was filed under the rules framed under the Industrial Disputes Act for setting aside the Award passed in Reference (IDA) No. 300/1999. The said Reference (IDA) No. 300/1999 was disposed of on January 18, 2006 by passing the following order:

(2.) Mr. Bukhari, the learned advocate for the Petitioner, submits that the order passed on January 18, 2006 cannot be termed as an "Award", as defined in Section 2(b) of the Industrial Disputes Act. He submits that the Petitioner-workman used to remain present consistently before the Labour Court; however on one day when he was absent, the Labour Court dismissed the Reference (IDA) No. 300/1999. He further submits that the Labour Court ought to have passed an Award considering the pleadings on record as both the Petitioner as well as the Respondent had filed their statements of claim and written statements respectively. According to him, the matter was adjourned for leading evidence, but it was dismissed on January 18, 2006. He points out that although the statement of claim was filed in the year 2000, the written statement was filed only in 2005. He, therefore, submits that the Labour Court ought not to have passed the order in such haste. He then submits that the Petitioner became aware of the so called Award. He filed an application for restoring the Reference November 1, 2006. There was a delay in filing the application which, according to the learned advocate, has been explained sufficiently by the Petitioner. Mr. Bukhari further points out the judgment of the Supreme Court in the case of Cox and Kings (Agents) Limited v. Workmen, 1977 2 SCC 705, in support of his contentions.

(3.) Evidence was led in this regard before the Labour Court. The Labour Court has dismissed the application for condoning the delay by holding that an application for setting aside an ex-parte award must be filed within a period of 30 days from the publication of the award. Since this was not done, the application was rejected.