STATE OF RAJASTHAN Vs. PANNA RAM

JUDGEMENT

(1.) THE present writ petition has been filed questioning legality and validity of the ex-parte award dated June 28, 1993 (Annex. 3) passed by Judge, Labour Court-cum-Industrial Tribunal, Bikaner (respondent No. 2 ).

(2.) INDISPUTABLY, the ex-parte award dated June 28, 1993 (Annex. 3) was published on October 25, 1993. After expiry of 30 days from the date of publication, the award impugned subject to the provisions of Section 17-A of the Industrial Dispute Act, 1947 becomes final within the meaning of Sub-section (2) of Section 17 of the said Act. Under the aforesaid provisions the finality of the award Annex. 3 cannot be called in question by any Court in any manner whatsoever. Date of publication of the award is the date of notification by the Government and not the date of its appearance in the gazette.

(3.) IN the present case, application for setting aside Tribunal's ex-parte award dated June 28, 1993 (Annex. 3) was made by the petitioner on December 28, 1993 much after expiry of 30 days from the date of its publication as envisaged under Section 17 read with Section 17-A of the Industrial Dispute Act, 1947.