Case Note & Summary
The petitioner, Dnyaneshwar Anantrao Kulkarni, was engaged as a skilled labourer from 01/04/1985 and was terminated orally on 20/09/1996. The Kalelkar Award was applicable to the respondent establishment. An industrial dispute was raised, and after conciliation failed, the Deputy Commissioner of Labour, Aurangabad, referred the dispute to the Labour Court, Solapur, on 20/09/1996. The petitioner filed his statement of claim on 26/06/1997. The Labour Court passed an exparte award on 10/08/2000, directing reinstatement with continuity of service and back wages from 15/12/1995. The award was published on 23/11/2000. The respondent claimed to have received the award on 14/12/2000. On 14/12/2000, the respondent filed Misc. Appl. (IDA) No.3/2001 seeking to set aside the exparte award, claiming it was delivered after more than 120 days from publication. On 11/08/2004, the Labour Court allowed the application and set aside the award. The petitioner, whose mother had passed away on 09/08/2004, filed Misc. Appl. (IDA) No.23/2006 on 28/09/2006 seeking recall of the order dated 11/08/2004. The Labour Court rejected the application for condonation of delay on 25/05/2009. The petitioner filed WP No.6362/2009, which was allowed on 10/06/2010, quashing the order refusing condonation. On 14/05/2012, the Labour Court allowed the petitioner's application and restored the original award. The respondents challenged this order in the present writ petition. The legal issue was whether the Labour Court had jurisdiction to entertain the application to set aside the exparte award after 30 days from its publication. The court held that under Section 17A of the Industrial Disputes Act, 1947 read with Rule 26 of the Industrial Disputes (Bombay) Rules, 1957, the Labour Court becomes functus officio after 30 days from the publication of the award. Since the award was published on 23/11/2000, the application filed on 14/12/2000 was beyond 30 days, and the Labour Court had no jurisdiction to entertain it. Consequently, the order dated 11/08/2004 setting aside the award was without jurisdiction and a nullity. The court allowed the writ petition, quashed the order dated 11/08/2004, and restored the original award dated 10/08/2000.
Headnote
A) Labour Law - Functus Officio - Labour Court becomes functus officio after 30 days from publication of award under Section 17A of Industrial Disputes Act, 1947 read with Rule 26 of Industrial Disputes (Bombay) Rules, 1957 - The court held that once an award is published, the Labour Court has no jurisdiction to entertain any application to set aside or recall the award after 30 days from the date of publication, as it becomes functus officio. (Paras 2, 5-6) B) Labour Law - Exparte Award - Setting Aside - Application to set aside exparte award must be filed within 30 days from publication of award under Rule 26 of Industrial Disputes (Bombay) Rules, 1957 - The court held that the application filed by the respondent on 14/12/2000 was beyond 30 days from publication on 23/11/2000, and thus the Labour Court had no jurisdiction to entertain it. (Paras 5-6) C) Labour Law - Delay Condonation - Labour Court cannot condone delay in filing application to set aside award after it becomes functus officio - The court held that once the Labour Court becomes functus officio, it cannot entertain any application for condonation of delay or set aside the award. (Para 6)
Issue of Consideration
When does the Labour Court/Tribunal become functus officio under the Industrial Disputes Act, 1947 and the Industrial Disputes (Bombay) Rules, 1957?
Final Decision
The writ petition is allowed. The order dated 11/08/2004 passed by the Labour Court, Solapur in Misc. Appl. (IDA) No.3/2001 is quashed and set aside. The original award dated 10/08/2000 passed in Ref. (IDA) No.90/1996 stands restored. Rule is made absolute accordingly.
Law Points
- Labour Court becomes functus officio after 30 days from publication of award
- Application to set aside exparte award must be filed within 30 days from publication
- Rule 26 of Industrial Disputes (Bombay) Rules
- 1957
- Section 17A of Industrial Disputes Act
- 1947
