SHIV NARESH SHARMA Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Challenging the order-dated 25.9.1999 Annexure P/4, passed by the Presiding Officer, Labour Court, Jabalpur recalling an order passed by it on 6.11.1998 and listing the dispute for hearing, petitioner has filed this writ petition.

(2.) Facts that have come on record indicates that petitioner claiming to be an employee working in the establishment of M/s Nav Bharat Press, Bhopal (Jabalpur), raised an industrial dispute with regard to his termination. Failure of conciliation resulted in reference of the dispute to the Labour Court, Jabalpur. Notices were issued by the Labour Court and it seems that due to non-appearance of the employer/respondent, ex-parte proceedings were drawn and an awarddated 6.11.1998 Annexure P/1 was passed granting some benefits to the petitioner namely his reinstatement with consequential benefits. As the award was passed ex-parte, an application for setting aside the samewas filed by the respondent employer on 25.1.1999 Annexure P/2, and this application has been allowed by the impugned order and, therefore, the petitioner is before this Court challenging the impugned order-dated 25.9.1999, by which the award passed on 6.11.1998 has been recalled.

(3.) Shri Rajneesh Gupta, learned counsel for the petitioner, made a singular contention before us. It was his argument that the award in question was passed on 6.11.1998 and a certified copy of that award was granted to the petitioner on 21.12.1998. According to Shri Rajneesh Gupta the Labour Court exercising jurisdiction under the Industrial Dispute Act, has power to recall an order passed or set aside an ex-parte award only if the application for that purpose is filed within a period of 30 days from the publication of the award.