IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 01-08-2008 CORAM: THE HONOURABLE MR. JUSTICE K. CHANDRU W.P.No.16910 of 1999 The Superintending Engineer Tamil Nadu Water Supply & Drainage Board, Vellore Division Gandhi Nagar, Vellore – 632 006 ... Petitioner Vs 1. K. Elumalai 2. The Presiding Officer Labour Court, Vellore – 9 ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of certiorari to call for the records made in the impugned award I.A.No.159 of 1999 in I.D.No.1355 of 1995 dated 20-05-1999 on the file of the Labour Court, Vellore. For petitioner :: Mrs. Sudharsana Sundar ORDER The writ petitioner, the Tamil Nadu Water Supply Storage Board, aggrieved by the order dated 20-05-1999 passed by the first respondent-Labour Court in I.A.No.159 of 1999 in I.D.No.135 of 1995 has filed the present writ petition. 2. The Labour Court on the dispute raised by the first respondent in I.D.No.135 of 1995 passed an ex parte award dated 25- 03-1997. Even though, the petitioner Board was aware of the proceedings for reasons best known to them they did not appear before the Labour Court. Thereafter, they filed an application in I.A.No.159 of 1999, to condone the delay in filing the petition to set aside the ex parte award under Rule 48(2) of the Tamil Nadu Industrial Rules, 1958. An ex parte award will have to be set aside within a period of 15 days and if there was any delay, such delay will have to be condoned through an appropriate application. But, however, once the award is published in the manner as provided under Section 17 of the Industrial Disputes Act and 30 days have elapsed from the publication, the Labour Court becomes functus officio to deal with the issue. https://hcservices.ecourts.gov.in/hcservices/ 3. In the present case, the Labour Court held that it has no jurisdiction to deal with the application filed by the Board as the said application was filed after the publication of the award of 30 days also elapsed. In that view of the matter, by the impugned order dated 20-05-1999 the Labour Court rejected the application filed by the Board. The reasons given by the Labour Court is well-founded and the Board will have to blame itself for not appearing before the Labour Court promptly. 4. In the light of the same, the writ petition is dismissed. No costs. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar glpglp To 1. The Superintending Engineer Tamil Nadu Water Supply & Drainage Board, Vellore Division Gandhi Nagar, Vellore – 632 006 2. The Presiding Officer Labour Court, Vellore – 9 W.P.No.16910 of 1999 kj [co] gkg/1.9 https://hcservices.ecourts.gov.in/hcservices/