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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, R.K.PATTANAIK
Pradeep Kumar Bisoi – Appellant
Versus
Presiding Officer, Labour Court, Sambalpur – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to challenge labor court order. (Para 1 , 2) |
| 2. arguments regarding service of notice and jurisdiction. (Para 3 , 4) |
| 3. court's view on jurisdiction post-award. (Para 5 , 6) |
| 4. order set aside, case remitted for merits. (Para 7 , 8 , 9) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
2. Petitioner, in this writ petition, seeks to assail the order dated 18th May, 2022 (Annexure-8) passed by learned Presiding Officer, Labour Court, Sambalpur in Restoration Misc. Case No.1 of 2018 and prays for a direction to allow the petition restoring the Industrial Dispute Case to file.
3. Mr. Mishra, learned counsel for the Petitioner submits that the Petitioner-Management was not served with notice in ID Case No.6 of 2015. Hence, it could not contest the case. As such, an ex- parte award was passed on 16th December, 2016. When the Petitioner came to know about the ex-parte award, it filed an application on 13th February, 2018, for setting aside the ex-parte award, which was registered as Restoration Misc. Case No.1 of 2018. Learned Presiding Officer, Labour Court, Sambalpur, while adjudicating the matter relied upon the ratio in the case of Sangham Tape C
The Labour Court retains jurisdiction to entertain applications to set aside ex-parte awards beyond thirty days when principles of natural justice are not adhered to.
The main legal point established in the judgment is that the Labour Court is not functus officio after the award becomes enforceable, and it has the discretion to entertain applications for setting a....
The Labour Court does not become functus officio after the award has become enforceable, as far as the ex parte award is concerned. It is within the powers of the Labour Court/Tribunal to entertain a....
An ex parte award lacking adherence to natural justice is a nullity and cannot be enforced; the Labour Court must consider recall applications if sufficient cause for non-appearance is shown.
Point of law : Supreme Court categorically observed that test that has to be applied is whether defendant honestly and sincerely intended to remain present when the suit was called on for hearing and....
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