TTK HEALTHCARE LIMITED Vs. CHAIRMAN CUM PRESIDING OFFICER

JUDGEMENT

(1.) This Writ Petition is filed seeking a Certiorari to call for the records relating to the Order dated 16-8-2005 passed in I.A.No.340 of 2004 in I.D.No.294 of 1999 on the file of Industrial Tribunal-cum-Labour Court, Anantapur and to quash the same as arbitrary and illegal and consequently to set aside the Order dated 27-9-2004 made in I.A.No.399 of 2004 in I.D.No.294 of 1999.

(2.) The only question that arises for consideration, in this Writ Petition, is whether a petition under Order IX Rule 13 of the Civil Procedure Code is maintainable once the Award passed by the Labour Court has been published as required under Section 17 of the Act ?

(3.) In this case, admittedly, the Award was published on 3-8-2002 and it attained finality. Thereafter, the application to set aside the ex parte Award was filed on 16-7-2004 i.e. after about two years of publication of the Award. Such an application ought not to have been entertained by the Labour Court. The Labour Court is bereft of any power and becomes functus officio on expiry of 30 days from the date of publication of the award. The law, in this regard, is well settled in the decision reported in GRINDLAYS BANK LTD. v. INDUSTRIAL TRIBUNAL, 1980 Supp. SCC 420 wherein it was held as under: