JUDGMENT :

A.S. CHANDURKAR, J.

1. The question that arises for consideration in this writ petition is whether the Court under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, 'the said Act') has the power to set aside an ex parte order made under Section 31(1) of the said Act if an application to set aside such order permitted to be made under Section 31(2) of the said Act is made after a period of thirty days from the date of that ex parte order? In other words, whether the Court has the power to condone delay if an application under Section 31(2) of the said Act is made after a period of thirty days from the date of such ex parte order but within thirty days of receiving the copy of such ex parte order?

2. The respondent herein had filed a complaint under Section 28 of the said Act before the Industrial Court invoking provisions of Item 9 of Schedule IV to the said Act as according to him the petitioner-Employer had discriminated in the matter of grant of time bound promotion as well as in applying the proper pay-scale. The employer was duly served in the said complaint but it failed to file its written statement. The compla