K. Vinod Chandran, J.

The challenge in the above original petition is levelled against Ext.P5 order of the Industrial Tribunal, in applications filed for setting aside an ex-parte award and condonation of delay. Placing reliance on the decision in Sangham Tape Company v. Hans Raj (2005 (9) SCC 331) the Labour Court found that it is functus officio after 30 days of publication of the award and rejected the application.

2. The learned counsel for the respondent workman places before me a decision of a learned Single Judge of this Court in Mother Superior v. State of Kerala (2003 (2) KLT 417) to further urge that the order of the Labour Court be sustained and the writ petition dismissed. Therein the management challenged an ex-parte award after 30 days of publication of the award. The learned Single Judge relying on Grindlays Bank v. Central Industrial Tribunal (1980 Supp SCC 420) held that the original petition could not be entertained since this Court was exercising jurisdiction; the Labour Court was exercising.

3. The Hon'ble Supreme Court in Grindlays Bank was concerned with the application filed by the management before the Industrial Tribunal to set aside an ex-parte awar