IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.15065 of 2006 Date of Decision:21.04.2008 Gram Panchayat Village Dhadhogal .....Petitioner versus Harpreet Singh and another .....Respondents. CORAM: HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA AND HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA. Present: None for the petitioner. Mr.Sham Lal Bhalla, Advocate, for respondent No.1. *** ASHUTOSH MOHUNTA, J.(Oral) The petitioner has impugned the order dated 05.09.2005 (Annexure P-1) passed by the Presiding Officer, Labour Court, Patiala vide which the application under Section 33(c)(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') was decided ex parte against the petitioner. Order (Annexure P-1) has wrongly been styled as 'award'. The petitioner has an alternative remedy of approaching the Labour court for setting aside the ex parte award. Since an order deciding the application under Section 33(c)(2) of the Act is not an award, therefore, the petitioner has a right to move before the Labour Court even after passing of the order, the Labour Court has not become 'functus officio'. The petitioner may file an appropriate application for setting aside the order (Annexure P-1) before the Labour Court. The writ petition is dismissed with liberty to the petitioner to avail his remedy in accordance with law. (ASHUTOSH MOHUNTA) JUDGE April 21, 2008 (KANWALJIT SINGH AHLUWALIA) seema JUDGE