AJIT SINGH Vs. PRESIDING OFFCIER LABOUR COURT LUDHIANA

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petitions No. 5251 of 1985, 4180 of 1985, 5265 of 1985 and 5266 of 1985.

(2.) Civil Writ Petition No. 5251 of 1985 is filed by the workman challenging the order of the Labour Court Annexure P17 vide which it set aside the ex parte award passed by it. The ex parte award was passed against the private respondent on May 9, 1983. It was published in the Government Gazette on September 2, 1983. The application for setting aside the award was filed on October 7, 1983. The Labour Court rejected the same holding that it had become functus officio after the expiry of 30 days of the publication of award. The respondent then filed review application before the Labour Court. The Labour Court allowed the same by the impugned order and the said order is under challenge in this petition.

(3.) In other three writ petitions also, the applications for setting aside ex parte award(s) were given after the expiry of 30 days of the publication of award. In these cases also, the Labour Court had dismissed the applications. However in the orders passed in review, the Labour Court reconsidered the matter. In the order in review application impugned in Civil Writ Petition No. 5265 of 1995, the Labour Court held that it had power to review the award and framed the following issue: