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2023 Supreme(P&H) 616

HARSH BUNGER
Desraj – Appellant
Versus
Presiding Officer, Industrial Tribunal-Cum-Labour Court, Panipat (Haryana) – Respondent


Advocates appeared:
Mr. Parveen Kumar Rohilla, Advocate for the petitioner.
Mr. Hitesh Pandit, Advocate for the respondents.

HARSH BUNGER, J.

The petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari, for setting aside the award dated 25.11.2016 (Annexure P-9) passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat, whereby, the Labour Court had decided the reference of Industrial Dispute raised by him under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short `the Act, 1947’), as award of “No Dispute” in view of the fact that the workman as well as the Management, were proceeded against ex-parte.

The petitioner further challenges the order dated 04.08.2017 (Annexure P-12) passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat; whereby, an application filed by him for setting aside the ex-parte award dated 25.11.2016, was dismissed, by relying upon the judgment rendered by Hon’ble the Supreme Court in Sangam Tape Company vs Hans Raj 2004(iii) CLR 776, wherein it was held that once the award becomes enforceable in terms of Section 17-A of the Act, 1947, then the Labour Court would become functus officio.

2. The brief facts of the case are that the pet

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