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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 :
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.
3.1 Mr. Mishra, learned counsel for the Petitioner placed reliance upon the case law in the case of Haryana Suraj Malting Ltd. Vs. Phool Chand , reported in (2018) 16 SCC 567 , wherein, it is held as under: -
It is submitted by Mr. Mishra, learned counsel for the Petitioner- Management that there were divergent views to entertain an application for setting aside the ex-parte award after thirty days of its pronouncement and publication in official gazette. Hence, the case of Haryana Suraj Malting Ltd. (supra) was referred to larger Bench to answer the following: -
1. Whether the Industrial Tribunal/Labour Court becomes funct
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....
The court reaffirmed that due process and the principle of natural justice must be upheld, particularly ensuring proper notice is served before ex parte decisions are made.
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