MOHAN SHANTHANAGOUDAR, J.

( 1 ) THE miscellaneous application for setting aside the ex parte award filed by the respondent herein was allowed by the III Additional Labour court, Bangalore, by order dated 3rd June, 2003 which is impugned herein.

( 2 ) THE records disclose that the Labour Court passed the award dated 27-4-2002 in pursuance to the reference under Section 10 (1) (c) of the industrial Disputes Act, 1947, and the same was published on 29-11-2002. The respondent herein filed miscellaneous application for setting aside the said award on. 28-1-2003 on the ground that the same is passed ex parte. The said miscellaneous application was allowed on 3-6-2003.

( 3 ) THE main grievance of the petitioner-workman is that the miscellaneous application dated 28-1-2003 is filed beyond 30 days from the date of publication of the award and consequently, the application should not have been entertained by the Labour Court.

( 4 ) THOUGH there is no express provision in the Industrial Disputes act or the Rules framed thereunder, which gives the Tribunal jurisdiction to set aside an ex parte award, but it is a well-known rule of statutory construction that a Tribunal or body should be conside

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