Madhya Pradesh High Court
Bharat Singh Kirar vs M.P. Ware Housing And Logistics ... on 4 November, 2024
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2024:MPHC-JBP:54184
1 WP-32752-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 4 th OF NOVEMBER, 2024
WRIT PETITION No. 32752 of 2024
BHARAT SINGH KIRAR
Versus
M.P. WARE HOUSING AND LOGISTICS CORPORATION AND
OTHERS
Appearance:
Shri Rajneesh Gupta - Advocate for petitioner.
Shri Praveen Dubey - Advocate for respondents.
ORDER
This petition is filed challenging the order dated 30.07.2024 passed by Presiding Officer, Labour Court No.1, Bhopal (M.P.) whereby the petitioner's application under Order 9 Rule 7 read with Section 151 of CPC for setting aside ex parte award dated 21.12.2018 has been rejected.
The counsel appearing for the petitioner has drawn attention of this Court to the judgment passed by the Hon'ble Supreme Court in the case of M/s Haryana Suraj Malting Ltd. vs Phool Chand reported in (2018) 16 SCC 567 wherein it is held that the Labour Court/Industrial Court is competent to set aside ex parte order if sufficient cause is shown within reasonable time.
The counsel for the respondents has supported the impugned order and submitted that the application for setting aside ex parte award was filed beyond the period of 30 days of its publication without assigning proper reason for the delay in filing the same. Therefore, the impugned order has Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 05-11-2024 16:35:17 NEUTRAL CITATION NO. 2024:MPHC-JBP:54184 2 WP-32752-2024 rightly been passed. However, the fact remains that in view of the judgment passed by the Hon'ble Supreme Court in the case of M/s Haryana Suraj Malting Ltd. vs Phool Chand (supra), ex parte award can always be set aside by the Labour Court/Industrial Court if sufficient cause is shown for the delay in approaching the Court. The relevant para reads as follows :
35. Merely because an award has become enforceable, does not necessarily mean that it has become binding.
For an award to become binding, it should be passed in compliance with the principles of natural justice. An award passed denying an opportunity of hearing when there was a sufficient cause for non-appearance can be challenged on the ground of it being nullity. An award which is a nullity cannot be and shall not be a binding award. In case a party is able to show sufficient cause within a reasonable time for its non-appearance in the Labour Court/Tribunal when it was set ex parte, the Labour Court/Tribunal is bound to consider such an application and the application cannot be rejected on the ground that it was filed after the award had become enforceable. The Labour Court/Tribunal is not functus officio after the award has become enforceable as far as setting aside an ex parte award is concerned. It is within its powers to entertain an application as per the scheme of the Act and in terms of the rules of natural justice. It needs to be restated that the Industrial Disputes Act, 1947 is a welfare legislation intended to maintain industrial peace. In that view of the matter, certain powers to do justice have to be conceded to the Labour Court/Tribunal, whether we call it ancillary, incidental or inherent.
The same will be applicable to the case of the petitioner. Under these circumstances, the order impugned is contrary to the judgment passed by the Hon'ble Supreme Court in the case of M/s Haryana Suraj Malting Ltd. vs Phool Chand (supra). The order dated 30.07.2024 is hereby set aside. The matter is remitted back to the Labour Court for reconsideration of the Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 05-11-2024 16:35:17 NEUTRAL CITATION NO. 2024:MPHC-JBP:54184 3 WP-32752-2024 application seeking setting aside ex parte award. The Labour Court is expected to consider the sufficient cause shown by the petitioner for the delay.
With the aforesaid observations, the petition stands allowed and disposed of finally. No order as to costs.
(VISHAL MISHRA) JUDGE VV Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 05-11-2024 16:35:17