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NAGAR MAHA PALIKA versus P.O. L.C. & OTHERS

High Court of Judicature at Allahabad

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Nagar Maha Palika v. P.O. L.C. & Others - WRIT - C No. 23231 of 1987 [2007] RD-AH 8798 (9 May 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Tarun Agarwala, J.

Heard learned counsel for the petitioner.

List has been revised. No one appears for the respondent workman.

It transpires that the labour court gave an exparte award dated 31.3.1987 which was published under Section 6 of the U.P. Industrial Disputes Act on 20.7.1987. The petitioner upon coming to know of the exparte award, filed an application for recall on 4.8.1987. This application was rejected by the labour court, by an order dated 16.10.1987 on the ground that the said application was not filed within 10 days, as contemplated under Rule 16 of the Rules of 1957.

In my view, the labour court has committed an error in relying upon the provision of Rule 16 of the U.P. Industrial Disputes Rules 1957, which are not applicable in the present case. Once an award is published, an application for recall can be filed within 30 days as held by the Supreme Court in Grindleys Bank Ltd. vs. Central Government Industrial Tribunal and others, AIR 1981 SC 606.

In the present case, the award was published on 20.7.1987 and within 30 days, the application was filed on 4.8.1987. Consequently, the labour court had jurisdiction to decide the application of the petitioner for the recall of the exparte award.

In view of the aforesaid, the impugned order dated 16.10.1987 cannot be sustained and is quashed. The matter is remitted back to the labour court to decide the application of the petitioner afresh. Till the disposal of the petitioner's application, the exparte award dated 16.10.1987 shall remain in abeyance.

Dated: 9.5.07

SFH( wp23231/87)    


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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