submitted that in consequence the
Arbitral Tribunal and ICC had become functus officio and
that no further proceedings in this arbitration should be
taken ... nullity and should be ignored as the arbitrators had
become functus officio in view of institution of Suit No.
127 of 1982 by Renusagar
this issue.
Re : Questions (iii) When did the Appointing Authority became
functus officio.
16. Ex.P24 is the note dated 18.1.1995 by which ... learned counsel for respondent contended that the Appointing
Authority became functus officio once he passed the order dated 18.1.1995
agreeing with the penalty proposed
this case is
whether the Industrial Tribunal/Labour Court is functus
officio after the award has become enforceable, and is
thus, prevented from considering ... following terms:
“1. Whether the Industrial Tribunal/Labour Court
becomes functus officio after 30 days of the
pronouncement/publication of the award and loses
2015 19:42:38 :::
2
Court / Tribunal be rendered "FUNCTUS OFFICIO" under the
Industrial Disputes Act, 1947 and the Industrial Disputes (Bombay)
Rules ... untenable in Law
since the Labour Court was rendered "FUNCTUS OFFICIO".
t. By order dated 08/12/2014, impugned in this petition,
application
main objection raised was that the Board has become functus officio after it has disposed of the main company petition, and it has no jurisdiction ... order, the Board found that the contention that it has become functus officio is not correct and still it has retained seisin over the matter
been finally decided and consequently the Prescribed Authority became ''functus officio'?
7. From the admitted facts, it emerges that after the petitioner ... petition has itself been decided the Prescribed Authority becomes ''functus officio' and even if after re-counting of votes either the petitioner
Consolidation Officer who is
an authority under the Act had become Functus officio
as after the completion of the consolidation proceedings
resulting in repartition ... this respect that the
Consolidation Officer is rendered Functus Officio after
the repartition is done by him as any withdrawal would
be altering the repartition
document was produced before him is over and thereafter becomes functus officio having no power under Section 33 to impound the instrument.
4. The matter ... when that function was performed by the Collector he became functus officio.
It was observed by the Supreme Court that the power to impound only
after
pronouncing, notifying and communicating the initial order dated
26.6.2000 became functus officio and could not thereafter revise/
review/ modify the said order ... learned counsel for respondent contended that the
Appointing Authority became functus officio once he passed the
order dated 18.1.1995 agreeing with the penalty proposed
question that arose was when does an appointing authority become functus
officio. The Apex Court referred to various provisions of the Code of Civil
Procedure ... same to the
party concerned. A quasi-judicial authority will become
functus officio only when its order is pronounced, or
published/notified or communicated
