Ex-parte order of Labour Court
Rohtash Babu Patel
(Querist) 13 January 2011
This query is : Resolved
the Labour Court has passed an ex-parte order under MPIR Act 1960 against the Opposite Party on 18.10.2010, directing the opposite party to consider the case of claimant for grant of permanent status to them.
Query :
1. Whether an application under Order 9 Rule 13 could be filed against the award?
2. What are remedied available with the affected party ?
Kirti Kar Tripathi
(Expert) 13 January 2011
Yes, the employer may file application for recall of order. In case Award has been published an application for setting aside can be filed within 30 days of publication of Award. after 30 days of publication the Award automatically enforced under the law. After 30 days of publication whether the award can be set aside by the Labour court, the position is ambiguous. The Hon'ble apex court in Sangam Tape Vs Hansraj's case has held that since after 30 days the court becomes functus officio as such Award can not be set aside, where as recently in Radhakrishna Mani Tripathi Versus L. H. Patel & Anr, the Apex Court has held that the Labour Court has inherent powers to recall its Award, in case it comes to the conclusion that the aggrieved party has no knowledge of the case.
The other remedy is available for employer to file writ petition before High Court. challenging validity of Award.
Ajay Bansal
(Expert) 14 January 2011
Agreed with Kirti.
Rohtash Babu Patel
(Querist) 15 January 2011
Thanks a lot sir
i have perused the record of the Court , the notices were not validly served upon the employer, it has been proceeded ex-parte on the basis of presumptive services
