(1) Rajendra Singhl Vs. Industrial Tribunal, Bikaner & Others IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. Civil Writ Petition No.5886/2007. (Rajendra Singh Vs. Industrial Tribunal, Bikaner & Others) DATE OF ORDER : August 14, 2008 P R E S E N T Hon'ble Mr. Justice Gopal Krishan Vyas _______________________________ Mr. Girish Sankhla for petitioner. Mr. Manoj Joshi for the respondent No.3. BY THE COURT : Heard learned counsel for the petitioner. The main contention of the petitioner in this case is that no application under Rule 22 of the Industrial Disputes Rules, 1957 can be entertained by the Industrial Tribunal-cum-Labour Court after publication of the award. However, in the present case, vide the impugned order Annex.-14, the learned Judge, Labour Court, Sriganganagar entertained the application filed under Rule 22 of the Rules of 1957 and set aside the ex parte award passed (2) Rajendra Singhl Vs. Industrial Tribunal, Bikaner & Others in favour of the petitioner, which is illegal in view of the judgment of the apex Court in the case of Sangham Tape Co. Vs. Hans Raj, reported in (2005)9 SCC 331. In Sangham Tape Co.'s case (supra), the Supreme Court has held that an award made by the Labour Court becomes enforceable under Section 17-A of the Industrial Disputes Act on the expiry of 30 days from the date of its publication. Once the award becomes enforceable, the Industrial Tribunal or the Labour Court becomes functus officio. Para 6 and 8 of the said judgment run as follows : “6. An industrial adjudication is governed by the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act”) and the Rules framed thereunder. The Rules framed under the Act may provide for applicability of the provisions of the Code of Civil Procedure. Once the provisions of the Code of Civil Procedure are made applicable to the industrial adjudication, indisputably the provisions of Order 9 Rule 13 thereof would be attracted. But unlike an ordinary civil court, the Industrial Tribunals and the Labour Courts have limited jurisdiction in that behalf. An award made by an Industrial Court becomes enforceable under Section 17-A of the Act on the expiry of 30 days from the date of its publication. Once the award becomes enforceable, the Industrial Tribunal and/or Labour Court becomes functus officio. 8. The said decision is, therefore, an authority for the proposition that while an Industrial Court will have jurisdiction to set aside an ex parte award, but having regard to (3) Rajendra Singhl Vs. Industrial Tribunal, Bikaner & Others the provision contained in Section 17-A of the Act, an application therefor must be filed before the expiry of 30 days from the publication thereof. Till then the Tribunal retains jurisdiction over the dispute referred to it for adjudication, and only up to that date, it has the power to entertain an application in connection with such dispute.” In that view of the matter, the writ petition is allowed. Order impugned Annex.-14 dated 13.06.2007 is quashed and set aside. No order as to costs. (Gopal Krishan Vyas) J. Ojha, a.