Karnataka High Court
K.V. Rajashekaraiah vs The Divisional Controller K.S.R.T.C. on 17 January, 2005
Equivalent citations: ILR2005KAR982, 2005(2)KARLJ223, (2005)IILLJ439KANT, 2005 LAB. I. C. 1094, 2005 AIR - KANT. H. C. R. 519, (2005) 2 LAB LN 479, 2005 LABLR 371, (2005) 4 SERVLR 225, (2005) 105 FACLR 19, (2005) 2 KANT LJ 223, (2005) 2 LABLJ 439
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
ORDER 9 RULE 13 - Award passed on 27.4.2002 and published on 29.11.02 - Workman filed miscellaneous application for setting aside the said award on 28.1.03 on the ground that same is ex parte - Workman contends that miscellaneous application is filed beyond 30 days from the date of publication of the award and contended that application should not have been entertained - HELD -Though there is no express provision in the Industrial Disputes Act or the rules framed there under, which gives the Tribunal jurisdiction to set aside an ex parte award, but it is a well-known rule of statutory construction that a Tribunal or body should be considered to be endowed with such ancillary or incidental powers as are necessary to discharge its functions effectively for the purpose of doing justice between the parties. The rules framed under the Industrial Disputes Act provide for applicability of provisions of Civil Procedure Code to the industrial adjudication. Thus, the provisions of Order 9 Rule 13 of C.P.C. would be attracted to the proceedings before the Labour Court under the Industrial Disputes Act. However, the Industrial Tribunals and the Labour Courts have limited jurisdiction, inasmuch as, once the award becomes enforceable, the Labour Court or the Industrial Tribunal becomes functus officio. Thus, the application filed under Order 9 Rule 13 of C.P.C. cannot be entertained by the Labour Court/Industrial Tribunal on the expiry of 30 days from the date of publication of the award. The Labour Court becomes functus officio after 30 days from the date of publication of the award. In other words, the Labour Court can exercise its jurisdiction to set aside an exparte award only when the application is moved within 30 days of publication of the award. Writ Petition disposed of. ORDER Mohan Shantanagoudar, J.
1. The Miscellaneous application for setting aside the ex parte award filed by the respondent herein was allowed by the III Add Labour Court, Bangalore, by order dated 3rd June 2003 which is impugned herein.
2. The records disclose that the Labour Court passed the Award dated 27-4-2002 in pursuance to the Reference Under Section 10(1)(c) of I.D. Act, and the same was published on 29.11.2002. The respondent herein filed Miscellaneous Application for setting aside the said award on 28.1.2003 on the ground that the same is passed ex parte. The said Miscellaneous Application was allowed on 3.6.2003.
3. The main grievance of the petitioner-workman is that the Miscellaneous Application dated 28.1.2003 is filed beyond 30 days from the date of publication of the award and consequently, the application should not have been entertained by the Labour Court.
4. Though there is no express provision in the Industrial Disputes Act or the rules framed thereunder, which gives the Tribunal jurisdiction to set aside an ex parte award, but it is a well- known rule of statutory construction that a Tribunal or body should be considered to be endowed with such ancillary or incidental powers as are necessary to discharge its functions effectively for the purpose of doing justice between the parties. The rules framed under the Industrial Disputes Act provide for applicability of provisions of Civil Procedure Code to the industrial adjudication. Thus, the provisions of Order 9 Rule 13 of C.RC. would be attracted to the proceedings before the Labour Court under the Industrial Disputes Act. However, the Industrial Tribunals and the Labour Courts have limited jurisdiction, inasmuch as, once the award becomes enforceable, the Labour Court or the Industrial Tribunal becomes functus officio. Thus, the application filed under Order 9 Rule 13 of C.RC. cannot be entertained by the Labour Court/Industrial Tribunal on the expiry of 30 days from the date of publication of the award.
5. It is not in dispute that the Miscellneous Application for setting aside the award passed by the Labour Court was filed beyond 30 days from the date of publication of the award. Once the award becomes enforceable in terms of Section 17A of the Industrial Disputes Act, the Labour Court or the Tribunal does not retain any jurisdiction for setting aside an ex parte award after the expiry of 30 days from the date of its publication in the gazette. The Labour Court becomes functus officio after 30 days from the date of publication of the award. In other words, the Labour Court can exercise its jurisdiction to set aside an ex parte award only when the application is moved within 30 days of publication of the award.
6. In this connection a reference may be made to the judgment of the Apex Court in the case of M/s. Sangam Tape Company v. Hans Raj, 2004 LLR 1098 wherein it is observed thus:
"such jurisdiction could be exercised by the Labour Court within a limited time frame, namely, within thirty days from the date of publication of the award. Once an award becomes enforceable in terms of Section 17A of the Act, the Labour Court or the Tribunal, as the case may be, does not retain any jurisdiction in relation to setting aside of an award passed by it. In other words, upon the expiry of 30 days from the date of publication of the award in the gazette, the same having become enforceable, the Labour Court would become functus officio."
In view of the same, as admittedly the Miscellaneous application is filed for setting aside the award beyond 30 days from the date of publication of the award, the impugned order passed thereon by the Labour Court cannot be sustained and is liable to be set aside. Hence, the following order is made:
The order dated 3rd June 2003 passed by the III Addl. Labour Court, Bangalore, in M.A.No.3/2003, is quashed. However, the respondent is at liberty to challenge the award passed by the Labour Court dated 27th April 2002 in Reference No. 92/1998 before appropriate forum, if need be, and seek appropriate reliefs in accordance with law.
Writ Petition is disposed of accordingly.