: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.666 OF 2010 H.A. Barlota Jewellers .. Petitioners V/s. Satish Harkchandra Bhandari .. Respondent Mr. A.V. Joshi for the Petitioners. Mr. A.S. Rao a/w. Mr. M.S. Kumbhar for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 24 TH JUNE, 2010. P.C.: 1. The petitioners have challenged the Award passed by the Labour Court, Pune, on 8th October, 2007 in Reference (IDA) No.347 of 2004. The petitioners have also sought a stay of the Certificate of Recovery issued by the Assistant Labour Commissioner, Pune in the aforesaid Award. 2. According to the petitioners the Award has been passed ex-parte and, therefore, it should be set aside. The Award has been passed in 2007. No application for setting aside the Award has been filed by the petitioners, immediately after the Award was passed. The petitioners, therefore, : 2 : contend that the Award be set aside and remanded for fresh hearing. 3. The Certificate which has been issued by the Assistant Labour Commissioner, Pune, under Section 33C(1) of the Industrial Disputes Act is for an amount of Rs.4,55,000/- plus 10% interest. The Award of the Labour Court grants reinstatement with continuity of service and full back wages to the respondent-workman w.e.f. 17th November, 2003. Since the respondent-workman was not reinstated and paid the full back wages, he had approached the Assistant Labour Commissioner, Pune for issuance of a Certificate under Section 33C(1) of the Industrial Disputes Act. The amount which is payable to the respondent-workman as back wages has been calculated by the Assistant Labour Commissioner. According to the petitioners, they learnt of the Award only after they received a copy of the Award along with the Recovery Certificate issued by the Assistant Labour Commissioner. The petitioners contend that they approached an Advocate for having the said Award set aside only thereafter. : 3 : 4. Heard the learned Advocates for the parties. In my opinion, in the facts and circumstances of the present case, the Award need to be set aside. The petitioners have furnished sufficient reasons and a plausible explanation for their default in appearing before the Labour Court. However, the Award will be set aside only on condition that the petitioners deposit in the Labour Court an amount of Rs.4,55,000/- within a period of eight weeks from today. On this amount being deposited, the Certificate of Recovery issued under Section 33C(1) shall be stayed. 5. Accordingly, the Writ Petition is disposed of with the following directions : “O R D E R” (i). The ex-parte Award dated 8th October, 2007 passed by the Labour Court, Pune, in Reference (IDA) No.347 of 2004 and the Recovery Certificate issued by the Assistant Labour Commissioner, Pune, under Section : 4 : 33C(1) of the Industrial Disputes Act, in Application No.03 of 2009 are set aside on condition that the petitioners deposit in the Labour Court, Pune, an amount of Rs.4,55,000/- within a period of eight weeks from today. The Reference is remanded for hearing it afresh. (ii). If the aforesaid amount is deposited within the stipulated time, the Labour Court, Pune, shall hear and dispose of the Reference in accordance with law. (iii).In case the aforesaid amount is not deposited within the stipulated time, the Award dated 8th October, 2007 in Reference (IDA) No.347 of 2004 and the Recovery Certificate in Application No.3 of 2009 will revive and continue to operate. (iv). Parties to act on an authenticated copy of this order.