MANAGEMENT OF THE DHENKANAL MUNICIPALITY DHENKANAL Vs. PRESIDING OFFICER. INDUSTRIAL TRIBUNAL, ORISSA BHUBANESWAR AND OTHERS

JUDGEMENT

(1.) An industrial dispute between the Management of the Dhenkanal Municipality (hereinafter to be called as 'the Management') (Petitioner), and its workmen, represented through their Union (Sangha) (O. P. No. 3). was referred by the State of Orissa through the Secretary. Labour, Employment and Housing Department on 11-1-1963 to the Industrial Tribunal (O. P. No. 1) for adjudication. The terms of Reference were as follows:

(2.) In Annexure-11 the Tribunal recorded the following conclusion: "I am therefore of the opinion that the application filed by the Management to set aside the ex Parte order is not maintainable and that this Tribunal has no jurisdiction to restore the case." On this view it did not go into the merits of the application for restoration.

(3.) Mr. Nanda for the petitioner contended that the Tribunal had jurisdiction and power to set aside the ex parte award and having had such jurisdiction it failed to exercise the same and accordingly a writ of certiorari should be issued to quash the ex parte award and a writ of mandamus should be issued to the Tribunal to go into the merits of the application for restoration. Mr. Misra for the workmen contends that after the passing of the award under Section 17 of the Industrial Disputes Act, 1947 (hereinafter to be referred to as the Act) the Tribunal is functus officio to set aside the ex parte award and that the Tribunal has no implied powers to set aside an ex parte award.