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Nellore District Co-Operative Central ... vs President, Nellore District ... on 18 November, 2000
cites
Section 20 in The Limitation Act, 1963 [Entire Act]
Section 5 in The Limitation Act, 1963 [Entire Act]
The Limitation Act, 1963
Section 10 in The Limitation Act, 1963 [Entire Act]
Anil Sood vs S.K. Saruaria on 6 January, 1997
8. No doubt in both the cases referred to above i.e., 1981 (I) LLN 196 and 1987 (II) LLN 240, the application to set-aside the ex parte award was made before the expiry of 30 days but not after expiry of 30 days. Sub-section (3) of Section 20 of the Act provides that the proceedings before the Tribunal would be deemed to continue till the date on which the award becomes enforceable under Section 17-A. That means, during the pendency of the proceedings, a workman cannot be discharged as contemplated under Section 33. That is only the legal fiction for the purpose for
which it is created by the Legislature by incorporating sub-section (3) of Section 20. Under Rule 30 of A.P. Industrial Disputes Rules, 1958 which substituted in 1983, the Board, Labour Court, Tribunal, National Tribunal or Arbitrator may at any time correct any clerical mistake or error arising from an accidental slip or commission in any proceedings, report, award or decision either of its or his own motion or on the application of any of the parties. In a given case, if the Labour Court proceeds ex parte by accidental omission by recording that summons are duly served, it is always open for the Labour Court to correct the said mistake committed by it and the error arising from accidental slip or commission in any proceedings has wider meaning but it cannot be restricted to clerical mistakes.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Grindlays Bank Ltd vs Central Government Industrial ... on 12 December, 1980
In the case of Grindlays Bank Limited (supra), the Apex Court in Para 10 of its judgment held that the Tribunal has not only the power but also the duty to set aside ex parte award and to direct the matter to hear afresh and the power to proceed ex parte under Rule 22 carries with it the power to enquire whether or not there was sufficient cause for the absence of a party at the hearing.