1. This intra-court appeal is directed against the order dated 09.02.2007 passed in S. B. Civil Writ Petition No. 459/2007 whereby the learned Single Judge of this Court has dismissed the writ petition preferred by the petitioner-appellant against the order dated 12.09.2006 whereby the Labour Court, Jodhpur refused to set aside the ex parte award dated 12.11.2002.

2. This appeal, filed only on 07.09.2009, is reported to be barred by limitation by 881 days and the appellant has moved an application seeking condonation of delay.

3. Briefly put, the relevant facts and background aspects of the matter are that upon the respondent No.1 Moola Ram raising an industrial dispute on the allegations that he was appointed in the month of January 1982 under the Gram Panchayat, Balana as driver of engine and electric motor but his services were terminated on 01.03.1996, the Government made a reference to the Labour Court, Jodhpur on the question of validity of such termination of services. The present appellant chose not to appear before the Labour Court despite service; and on 12.11.2002, the Labour Court proceeded to make the award ex parte in favour of the respondent No.1. The Labour Court held the questioned termination illegal and further held the respondent-workman entitled for reinstatement with continuity of services and with 40% back-wages from the date of reference. The award so made by the Labour Court, Jodhpur came to be published by the Government of Rajasthan on 13.02.2003.

4. Thereafter, on 19.08.2004, the appellant moved an application under Rule 22-A of the Rajasthan Industrial Dispute Rules, 1958 for setting aside the ex parte award on the ground that the notices were not properly served. The appellant also moved an application for condonation of delay with the submissions that the fact of making the award came to the knowledge only when the respondent-workman moved the application seeking benefits thereunder; and that the delay was caused in the process of the taking instructions from higher authorities. By its order dated 12.09.2006, the Labour Court rejected the application so moved by the appellant for setting aside the award while observing that the application had been moved after 30 days from the date of publication of the award; and the applicant failed to show proper reasons for condonation of delay. The Labour Court also observed that in view of Section 17-A of the Industrial Disputes Act, 1947, on the expiry of 30 days from the date of publication, the award becomes enforceable and thereafter the Labour Court becomes functus officio; and in this regard, referred to the decision of the Hon'ble Supreme Court rendered in the case of Sangham Tape Co. v. Hans Raj, 2004 (3) LLJ 1141 : (2005) 9 SCC 331 .

5. The appellant preferred the writ petition [CWP No. 459/2007] wherefrom has arisen this appeal, seeking to challenge the aforesaid order dated 12.09.2006 and the related award dated 12.11.2002. The learned Single Judge of this Court proceeded to dismiss the writ petition by the impugned order dated 09.02.2007 with the observations that the employer had the opportunity to contest the matter as the notices had been served; and that there was no reason to interfere in view of the decision of the Hon'ble Supreme Court in the case of Sangham Tape Co. (supra).

6. Seeking to challenge the order so passed by the learned Single Judge, the employer has preferred this intra-court appeal.

7. It is contended in the appeal that the Labour Court and the learned Single Judge have erred in dismissing the application for setting aside the ex parte award on the ground that the award has become enforceable and the Labour Court was functus officio after 30 days of publication of award. The appellant relies on a decision of the Hon'ble Supreme Court rendered in the case of Radhakrishna Mani Tripathi v. L.H. Patel & Anr., (2009) 1 SCC (L&S) 358 . As noticed, this belatedly filed appeal is barred by 881 days. An application seeking con