SARPANCH, GRAM PANCHAYAT Vs. MOOLA RAM AND ORS.

JUDGEMENT

(1.) THIS intra -court appeal is directed against the order dated 09.02.2007 passed in S.B. Civil Writ Petition No. 459/2007 whereby the learned Single Judge of this Court has dismissed the writ petition preferred by the petitioner -appellant against the order dated 12.09.2006 whereby the Labour Court, Jodhpur refused to set aside the ex parte award dated 12.11.2002.

(2.) THIS appeal, filed only on 07.09.2009, is reported to be barred by limitation by 881 days and the appellant has moved an application seeking condonation of delay.

(3.) THEREAFTER , on 19.08.2004, the appellant moved an application under Rule 22 -A of the Rajasthan Industrial Dispute Rules, 1958 for setting aside the ex parte award on the ground that the notices were not properly served. The appellant also moved an application for condonation of delay with the submissions that the fact of making the award came to the knowledge only when the respondent -workman moved the application seeking benefits thereunder; and that the delay was caused in the process of the taking instructions from higher authorities. By its order dated 12.09.2006, the Labour Court rejected the application so moved by the appellant for setting aside the award while observing that the application had been moved after 30 days from the date of publication of the award; and the applicant failed to show proper reasons for condonation of delay. The Labour Court also observed that in view of Section 17 -A of the Industrial Disputes Act, 1947, on the expiry of 30 days from the date of publication, the award becomes enforceable and thereafter the Labour Court becomes functus officio; and in this regard, referred to the decision of the Hon'ble Supreme Court rendered in the case of Sangham Tape Co. v. Hans Raj : 2004 (3) LLJ 1141 : (2005) 9 SCC 331.