aside an ex-
parte award passed on merits-Whether such an ex parte award
passed on merits, when sought to be set aside ... upon the Tribunal to
set aside an ex parte award. It is urged that the award
although ex parte, was an adjudication on merits
cause, the
Court/Tribunal can proceed ex parte and pass an ex parte
award. The award, ex parte or otherwise, has to be sent ... set
aside an ex parte award.
13. We are unable to appreciate the
contention that merely because the ex parte
award was based
ex-
parte award on December 9, 1976. The award had been
published on December 25, 1976. An application for setting
aside the ex parte award ... proceed ex-parte. Under Sub Rule 2 of Rule
26 where an award, order or decision is made ex-parte under
sub-rule
set it aside".
7. Answering the first question, the Supreme Court decided that Tribunal had the jurisdiction to set-aside ex-parte Award ... jurisdiction to proceed ex parte and consequently, it must necessarily have power to set aside the ex parte award. The Court in terms observed that
Thereafter, it
appears that petitioner herein filed an application for setting aside ex-parte
award on 11.11.2002 on various grounds including that copy of notification ... set it aside. ....
14. The contention that the Tribunal had become functus officio and,
therefore, had no jurisdiction to set aside the ex parte award
Tribunal passed an Award ex parte, Order 9, Rule 13 CPC is applicable to set aside the ex parte award. In the present case ... ex parte one, does the Tribunal become functus officio and therefore, will have no jurisdiction to set aside the ex parte award, and that
Court etc. to proceed ex parte, however, there is no power for entertaining an application to set aside ex parte Award, unlike Rule ... order rejecting the application for setting aside the ex parte award on the ex parte award itself.
43. As against above, in the case
cause, the Court/Tribunal can proceed ex parte and pass an ex
parte award. The award, ex parte award or otherwise, has to be sent ... ex parte award, the same was allowed by
the Labour Court vide order dated 11.07.2017 and the ex parte
award was set aside, subject
petitioner was set ex parte and accordingly, an ex parte award was passed on 28.5.2005.
2(c). The ex parte award came to be known ... award to the State Government, revoke the ex-parte proceedings on the application of the party made within 15 days of the ex-parte proceedings
Restoration Application to set aside ex
parte award with delay condone application and from date of
knowledge of ex parte award in fact there ... service. An ex parte award was passed.
On the application moved by the appellant Management, the ex parte
Award was set aside. Contending inter alia
