DEVINDER KUMAR Vs. P O LABOUR COURT GURGAON

JUDGEMENT

(1.) The petitioner prays that the order, dated November 25, 1998, passed by the Labour Court, a copy of which has been produced as Annexure P11 with the writ petition be set aside. By this order, the Labour Court has set aside the ex parte award of October 15, 1997.

(2.) We have heard Sri Amrit Paul, learned counsel for the petitioner. It is contended that the Labour Court had given an award in favour of the workman on October 15, 1997. This award was published by being placed on the notice board of the third respondent, viz., the Labour Commissioner, Haryana, on January 6, 1998. On the expiry of 30 days from January 6, 1998, the Labour Court had become functus officio and was, thus not entitled to recall the award or to interfere therewith.

(3.) A perusal of the order shows that on March 17, 1997 the Labour Court had directed the issue of notice of the claim petition to the management, for May 6,1997. The order was in the following terms :