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Showing contexts for: setting aside ex_partee award in Shree Talkies vs Labour Court And Anr. on 25 February, 2005Matching Fragments
6. After exchange of counter and rejoinder affidavits in Misc. Case No. 30 of 1994 the Labour Court rejected the application of the petitioner for setting aside the ex parte award vide order dated 29.1.1999 on the ground that the petitioner was not diligent and the application for setting aside the ex parte award was made after 7 months i.e. beyond the limitation prescribed under Rule 16 of the U.P. Industrial Disputes Rules, 1957.
7. The award passed in Misc. Case No. 30 of 1994 has been challenged in Writ Petition No. 16152 of 1999.
14. Learned Counsel for petitioner submits that the Labour Court has wrongly rejected the application for restoration of ex parte award on ground of delay and latches holding that cause shown is not sufficient and has illegally issued recovery certificates in the circumstances of this case. The counsel for workman submits that application for setting aside ex parte award was barred by limitation provided in Rule 16 (2) of the U.P. Industrial Disputes Rules and the Labour Court rightly dismissed it on ground of latches and delay.
18. This Court in a catena of decisions has held that application under Rule 16 (2) has to be filed within 10 days of the order. Reference may be made to Deen Dayal Shodh Sansthan v. State, 1997(1) LLJ 982 and U.P. State Road Transport Corporation v. State, 1996 (1) LLJ 31.
19. According to law laid down in U.P. State Sugar Corporation v. Om Prakash Upadhaya, 2002 (93) FLR 600, the U.P. Industrial Disputes Act alone applies in State of U.P., hence in U.P. 10 days limitation has to be followed and application filed after 10 days after ex parte award will be barred by limitation. Thus in State of U.P. application to set aside ex parte award has to be filed within 10 days of the award. If it is not filed within 10 days, it can be filed with application under Section 5 of the Limitation Act up to 30 days of publication of the award. The Labour Court has no jurisdiction to entertain such application after 30 days of publication of ex parte award.
29. A Full Bench of this Court in case of Badri Prasad Haridas, 1983 UPLBEC 56 : 1984 (48) FLR 315 relying on the case of Grindlays Bank case, AIR 1981 SC 606 held that Labour Court/Industrial Tribunal retains power to set aside ex parte proceedings till award is enforced after 30 days of the publication.
30. Admittedly, the notice was served on the manager of the Cinema Hall of the petitioner, hence it cannot be said that the summons had not been served on the employer. The application for setting aside the ex parte award had been filed after about 7 months from the date of the publication of the award and the employer was negligent not even to attend the Court without sufficient cause. Under Rule 16 of the U.P. Industrial Disputes Rules, 1957 framed under the U.P. Industrial Disputes Act, 1947 the application for setting aside the ex parte award should have been moved within 10 days from the date of the passing of the ex parte award. Any application filed beyond the aforesaid time prescribed would be beyond the limitation for which sufficient cause has to be shown. This is because the rule provides 10 grace days for moving the application for setting aside the ex parte award.