Judgment

ARIJIT PASAYAT, J.- Challenge in this appeal is to the judgment of the b Jammu and Kashmir High Court at Jammu holding that the provisions of Order 9 Rule 13 of the Code of Civil Procedure, 1908 (in short "CPC") would be applicable only when the application to set aside the ex parte award made under the Industrial Disputes Act, 1947 (in short "the Act") is preferred within thirty days from the date of publication of award.

2. A brief reference to the factual position would suffice. The services of Respondent 1 were terminated by order dated 11-7-1989. The same was challenged by Respondent 1 by filing an appeal before the Registrar, Cooperative Societies, Jammu and Kashmir, Jammu. The Registrar vide his order dated 20-9-1989 dismissed the appeal. Against the said order, Respondent 1 preferred a revision before the Jammu and Kashmir Special Tribunal, Jammu (in short "the Tribunal"). The said revision application was d dismissed by order dated 31-5-1990.

3. A dispute was raised under the Act in the year 1991. An ex parte award was passed by order dated 27-2-1992. According to the appellant, it came to know of the award when it received a letter dated 19-3-1994 from the Registrar