DIVISIONAL FOREST OFFICER Vs. RAM KALYAN

JUDGEMENT

(1.) HEARD. It appears that the exparte award was passed by the learned Labour Court, Kota on May 31, 1995 and it was published in the gazette on September 11, 1995 and it became enforceable under Section 17-A of the Industrial Disputes Act, 1947 on October 11, 1995 after the expiry of 30 days from the date of its publication. As application for setting aside the award was filed by the Divisional Forest Officer, Jhalawar on February 29, 1996 i. e. after 5-1/2 months from the date of publication of the award. Learned Labour Court, Kota vide order dated March 12, 2001 dismissed the application on the ground that the court became functus-officio and could not call in question the award in any manner. Against the said order of the Labour Court, the Divisional Forest Officer, Kota filed writ petition before the learned Single Judge which was dismissed on July 25, 2001. the aforequoted orders have been assailed by the Divisional forest Officer in the instant special appeal.

(2.) WE are of the opinion that application for setting aside the ex parte award was maintainable even after it was published in the Gazette and became enforceable.