RAVINDER KUMAR Vs. TIMKEN SERVICES PVT LTD

JUDGEMENT

(1.) Petitioner has sought quashing of the order dated 23.3.2010 (Annexure P7) passed by the Labour Court-I, Gurgaon, by which the application of the Management has been allowed and the award dated 22.1.2008 (Annexure P2) has been set aside.

(2.) The petitioner was appointed in September 1997 as D.G. Technician at a monthly salary of Rs. 1,700/-. He continuously worked with the Management till 31.1.2000. On 1.2.2000 his services were illegally terminated. The workman filed his claim statement on 25.9.2003. Counsel for the Management had appeared and sought time for filing reply. Thereafter on 7.4.2005 the Management was proceeded ex-parte and thereafter award dated 22.1.2008 (Annexure P2) was passed reinstating the workman with 30% back wages. On 20.2.2008 the award was published by the Deputy Labour Commissioner as per requirement of the Industrial Disputes Act, 1947. An application dated 3.11.2008 was filed by the Management for setting aside the ex-parte award. This application was dismissed on 5.6.2009 (Annexure P5) as no one had chosen to appear for the Management. Subsequently, another application for setting aside the ex-parte award was filed in March 2010 (Annexure P6). The Labour Court vide order dated 23.3.2010 (Annexure P7) has allowed this application and the matter has been remitted back for fresh decision by the Labour Court.

(3.) Mr. Ashwani Bakshi, counsel for the petitioner, has argued that this application is liable to be dismissed in view of the Supreme Court decision in M/s Sangham Tape Company v. Hans Raj, 2004 LabIC 4039and decision of this High Court in Veena Rani v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Gurgaon and another,2 (C.W.P. No. 17146 of 2000). He has placed reliance on these judgments to contend that after the award was published on 20.2.2008, it became operational under Section 17A of the Industrial Disputes Act on the expiry of 30 days from the date of its publication. The proceedings under Section 10 of the Act are deemed to have been concluded. Once the period of 30 days has elapsed the Labour Court became functous officio and has no jurisdiction to entertain any application after the expiry of 30 days. In the present case, after the publication of the award, the first application was filed on 3.11.2008 i.e. after the expiry of the period of 30 days of publication. This application was dismissed for non prosecution and the second application without disclosing the fact of first application was not maintainable and is liable to be dismissed in view of the Supreme Court judgment.