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2000 Supreme(SC) 1928

B.N.AGARWAL, S.RAJENDRA BABU
Anil Sood – Appellant
Versus
Presiding Officer, Labour Court – Respondent


JUDGMENT

S.RAJENDRA BABU, J.

(1) LEAVE granted.

(2) A reference was made under the Industrial Disputes Act to the labour court in respect of a dispute between the parties to this proceeding. An Award was made on 11.9.1995. An application was filed by the appellant on 6.11.1995 averring that he had no notice of the proceedings in the reference. That application came to be dismissed on the ground that the labour court has become functus officio having passed an Award. Thereupon a writ petition was filed before the High Court which also did not end in their favour. Hence this appeal.

(3) LEARNED Counsel for the appellant submitted that there are ample powers with the Labour Court to set aside the Award made ex parte if sufficient cause is shown as enunciated by this Court in - Grindlays Bank Ltd. v. Central Government Industrial Tribunal and Others [1980 (Sup) SCC 420].

(4) LEARNED Counsel for the respondents submitted that in fact a finding had been recorded by the labour court in the Award that the appellant had been served with notice and in spite of which he did not appear. Therefore, in the proceedings he had been set ex parte. He submi





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