1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1025 OF 2010 The Managing Director, K-Pulp And Paper Mill Limited. ....Petitioner vs Sudam Shrirm Saindane ....Respondent Mr. N.A. Kulkarni for the Petitioner. Mr. Nilesh Malunjkar for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 9TH FEBRUARY, 2010. P.C. :- 1. Rule. By consent, Rule made returnable forthwith and heard finally. 2. The only question, it was agreed, is whether the Labour Court had the jurisdiction to decide the application for setting aside the ex-parte Award. The Petitioner contends that the copy of the Award 2 was received only on 14th July, 1008. The Respondent-workman, however, contends that it was received prior thereto. The Labour Court has proceeded on the basis that under Rule 26 it had no power to consider the application for condonation of delay as it was made beyond the period of thirty days from the date of the Award. Further, the Labour Court also appears to have proceeded on the basis of the date of publication of the Award. This would be incorrect. Rule 26 of the Bombay Rules are applicable to the present case as conceded by both the counsel. 3. In the circumstances, Rule is made absolute in the following terms :- (a) The impugned order is quashed and set aside. (b) The Labour Court shall consider the application, even for condonation of delay, afresh and in view of the provisions of Rules 26 of the Industrial Disputes (Bombay) Rules, 1957. (c) The contentions of the parties, including as to the date on which a copy of the Award was received by the Petitioner are kept open.