ORDER

R.M. Lodha, J.

Whether the Industrial Tribunal/Labour Court becomes functus officio after 30 days of the pronouncement/ publication of the award and loses all powers to recall an ex-parte award on an application made by the aggrieved party after 30 days from the date of pronouncement/publication of the award is the question that once again arises for consideration in these cases.

2. It may be noted that on this question two Division Bench decisions have taken apparently conflicting views. In Sangam Tape Company v. Hans Raj, (2005) 9 SCC 331 : 2005 9 SCC L and S 65, a two Judges Bench held and observed that an application for recall of an ex-parte award may be entertained by the Industrial Tribunal/Labour Court only in case it is filed before the expiry of 30 days from the date of pronouncement/publication of the award. A contrary view was taken in Radhakrishna Mani Tripathi v. L.H. Patel, (2009) 2 SCC 81 : 2009 1 SCC L AND S 358. to which one of us (Aftab Alam, J.) was a party.

3. In both cases, that is to say, Sangam Tape Company and Radhakrishna Mani Tripathi, the Court referred to and relied upon the earlier decisions in Grindlays Bank Ltd. v. Central Govt. Industrial Tribunal, (1980) Supp SCC 420 : 1981 SCC L AND S 309 and Anil Sood v. Presiding Officer, Labour Court II, (2001) 10 SCC 534 : 2009 1 SCC L AND 494, but read and interpreted those two decisions completely differently.

4. The conflict which has arisen as a result of the two decisions can only be resolved by a larger Bench. Let these cases be, therefore, listed before a three Judges Bench.