EXPARTE AWARD
P.S.VISHWANATHAN
(Querist) 15 July 2010
This query is : Resolved
WE HAD A UNIT WHICH WAS CLOSED. ALTHOUGH ALL THE WORKMEN EXCEPT ONE HAVE TAKEN THEIR DUES. THIS WORKMAN HAS MANAGED TO GET AN EXPARTE AWARD IN HIS FAVOUR. However, the name of our Company has been wrongly mentioned in the award as well as other papers which form a part of the proceedings. Can we challenge the award on this ground? the award has already been published and the labour court has been rendered functus officio.
Devajyoti Barman
(Expert) 15 July 2010
The wrong mentioning of the name of the defendant specially when if that does not cause miscarriage of justice does not make the whole decree a nullity and the executing court always has got he power under 152 cpc to correct the typographical mistake of the decree.
G. ARAVINTHAN
(Expert) 21 July 2010
you can challenge the G.O.Ms in future, if recovery proceedings were initiated against you