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STATE OF U.P. & ANOTHER versus LATOORI SINGH AND ANOTHER

High Court of Judicature at Allahabad

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State Of U.P. & Another v. Latoori Singh And Another - WRIT - C No. 35576 of 1997 [2007] RD-AH 9083 (11 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. No one appears for the respondents, even though the list had been revised.

On account of non-appearance of the authorized representative of the employer the matter proceeded exparte and thereafter an exparte award was passed on 2.9.1992 which was published  under Section 6 on 19.10.1992. The petitioner filed an application for recall of the order on 7.1.1993. This recall application  was rejected by order dated 18.12.1996. Consequently, the writ petition. The law is well settled  that an application for recall of the order has to be made within 30 days from the date of the publication of the award after which the Labour Court becomes functus officio. In the present case the application for recall of the exparte award was made after expiry of one month. Consequently, the Labour Court has no jurisdiction to pass the order.

In view of the aforesaid, the writ petition fails and is dismissed.

Dated:11.5.2007

AKJ (WP 35576/97)


Copyright

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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