Back
CALCUTTA HIGH COURT
Shampa Dutt (Paul), J
M/s. Kishore Motor Stores – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. writ petition to challenge ex parte award. (Para 1 , 2) |
| 2. issue of notice and representation before tribunal. (Para 3 , 4 , 5 , 6) |
| 3. failure to appear resulting in a second ex parte award. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. final dismissal of writ petition. (Para 15 , 16 , 17 , 18 , 19 , 20) |
1. The writ petition of the year 2015 has been preferred praying for setting aside of the ex parte award dated 25.02.2013 in case No. 24/2A(2) of 2012. In the present case only the fact that the award being passed ex parte has been challenged.
2. The petitioner has filed the written notes and has relied upon the judgment of the Hon’ble Supreme Court in the case of Grindlays Bank Limited vs. Central Government Industrial Tribunal & Ors. passed in C.A. No. 2355 of 1979 dated 12th December, 1980 wherein the Court held as follows :
“14. The contention that the Tribunal had become functus officio and, therefore, had no jurisdiction to set aside the award and that the Central Government alone could set it aside, does not commend to us. Sub-section (3) of S. 20 of the Act provides that the proceedings before the Tribunal would be deemed to continue till the date on which the award bec
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
