The provisions of the Civil Procedure Code regarding restoration of petitions are not applicable to cases under the Industrial Disputes Act.

( 1 ) THIS writ petition is filed under Article 226 of the Constitution of india challenging the order of the Presiding Officer, Labour Court, Guntur, dated 27th November, 1963 in M. P. No. 76 of 1963 allowing the claim of the first respondent (workman) for back wages for the period from 1st June, 1961 to 30th September, 1963. The petitioner is the proprietor, Ramakrishna Bus Service and the first respondent was a conductor in the transport service of the petitioner. The first respondent was dismissed on 27th October, 1959, and an industrial dispute was raised, and the matter was referred to the Labour Court, Guntur and the Labour Court passed an award on 5th August, 1961, reinstating the worker on the ground that the management of the petitioner s bus service did not permit the worker to join service or discharge his duties as a conductor. Pursuant to the award of the Labour Court,, the first respondent filed an application under section 33-C (2) of the Andhra Pradesh industrial Disputes Act read with rule 64 (2) of the rules made thereunder claiming back wages. The Labour Court granted a certificate to the effect that the worker was entitled to a sum of Rs. 1,274. Subsequent to this, the first respondent filed another application on 2nd October, 1963 (M. P. No. 76063) claiming back wages of rs. 2,820 lor the period 1st June, 1961 to 30th September, 1963. The Presiding officer, Labour Court passed an order dated 27th November, 1963, granting certificate to the effect that the first respondent is entitled to a sum of Rs. 1,820. The petitioner then filed an application under Order 9, Civil Procedure Code, for setting aside the ex parte order granting the certificate to the first respondent on the ground that the petitioner had no notice of the application made by the workman. This application was allowed on terms. The petition was restored as the petitioner had paid Rs. 50 towards costs of the first respondent. An objection was taken at the time of the hearing of the application before the Presiding Officer that he had no jurisdiction to restore the application on the ground that Order 9, Rule 13, Civil procedure Code, is not applicable to cases under the Industrial Disputes Act, before the Labour Court. The Labour Court upheld the objection following the view taken by the Labour Appellate Tribunal in Malayalam Plantations Ltd. v. Ponnuswami and others, (1956) 1 L. L. J. 69 and held that the order made by it earlier restoring the petition was without jurisdiction, thus maintaining the Courts earlier order granting certificate to the workman. It is against this order that this petition has been filed challenging its correctness.

( 2 ) THE only question that arises for consideration in this petition is whether the provisions of the Civil Procedure Code, in so far as they relate to the restoration of petitions filed under the Industrial Disputes Act, are applicable. It is pointed our by the learned Counsel appearing for the first respondent that a notice was issued regarding the application filed by the first respondent claiming back wages for the period in question and the petitioner had refused to take notice with the result that the Labour Court had no option but to grant a certificate determining the back wages payable as Rs. 1,820. The application under Order 9, rule 13 was made by the petitioner stating that he had no notice of the application and the Labour Court was under the impression that the petitioner had no notice of the application made and hence restored it on terms. On a perusal of the record, it would appear that the petitioner had notice of the application and therefore his refusal to take notice should make no difference. There is nothing in the provisions of the Act or the rules made thereunder which enables the Labour Court to apply the provisions of Order 9, civil Procedure Code, Rule 26 of the Andhra Pradesh Industrial Disputes Rules only enables Labour Courts or Tribunals to exercise the powers under the C

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