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
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 ... ex parte one does the Tribunal become functus officio and therefore, will have no jurisdiction to set aside the ex parte award and that
alongwith its
judgment/order dated 15.07.2003 rejecting application for setting aside ex-
parte award.
2. The case of the petitioner is that the petitioner ... 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 ... ex parte award and that the Labour Court has failed to appreciate the judgment of the Supreme Court that when an ex parte award
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
know about the ex parte proceedings and moved an application dated 15.2.1994 for setting aside of the aforesaid ex parte award within 30 days from ... setting aside the ex parte award should have been moved within 10 days from the date of the passing of the ex parte award
