THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.23995 OF 1999 ORDER: The petitioners seek a writ of certiorari from this Court to quash the award passed by the Industrial Tribunal-cum-Labour Court, Visakhapatnam in I.T.I.D. No.(c). No.31 of 1997 dated 05.04.1999. The petitioners are officers in the office of INS Satavahana. It is their case that vehicles are provided from Government funds for the defence establishment; the short-fall of vehicles is met from the regiment fund or unit funds; command non-public transport fund, in which the respondent-workman was employed, is one such non-public fund (regimental fund); and, as such, the provisions of the I.D. Act was not applicable. It is their case that, except for the period from 18.01.1982 to 30.11.1983, the respondent was not under the employment of any Ministry under the Government of India; the respondent filed O.S. NO.739 of 1993 before the Central Administrative Tribunal which was dismissed on 25.07.1997; the non- public fund transport pool, which was under the control of the officer- incharge, command transport pool, Visakhapatnam, is presently placed under the control of the Commanding Officer, INS Satavahana; the non-public fund transport pool was wound up with effect from 31.10.1997 due to paucity of funds; it is now functioning with two vehicles for a limited purpose; in view of the winding up of the said fund, the services of some employees were not continued; the petitioner invoked the jurisdiction of the Industrial Tribunal questioning his disengagement by filing an application under Section 2A(2); the petitioner was set ex parte by the Tribunal which passed an award on 05.04.1999 directing that the respondent-workman be reinstated with continuity of service; the petitioners filed an application to set aside the ex parte award on 19.07.1997, after they came to know that an award was passed; but the Tribunal, however, returned the application on the ground that the award was published on 29.05.1999 itself, and the petition was filed after thirty days from the date of publication of the award. Section 17-A(1) of the Industrial Disputes Act stipulates that an award shall become enforceable on the expiry of thirty days from the date of its publication under Section 17. In the case on hand, the award was published on 29.05.1999, and the period of thirty days came to an end on 28.06.1999 after which date the Tribunal had no power to condone the delay. As the application to set aside the award was filed on 19.07.1999, the delay in filing the application is less than three weeks, after expiry of the period of thirty days from the date of publication of the award. If the petition to set aside the ex parte award had been filed before 29.06.1999, the Tribunal had the power to set aside the ex parte award. The delay in filing the said application is less than three weeks after the outer time limit for the Tribunal to condone the delay. The delay is not so inordinate as to necessitate refusal by this Court to exercise discretion under Article 226 of the Constitution of India. I consider it appropriate, therefore, to condone the delay of twenty days in filling the application to set aside the ex parte award. The Industrial Dispute is restored to file, and the Tribunal shall, within three months from the date of receipt of a copy of this order, pass an award afresh after putting both the parties on notice; give them an opportunity of being heard; and, thereafter, pass the award in accordance with law. It is made clear that the wages last drawn by the respondent, which is being paid to him as a result of the interim order of this Court in W.P.M.P. No.30167 of 1999 in W.P. No.23995 of 1999 dated 19.01.2000, shall be continued to be paid to him till an award is passed afresh by the Industrial Tribunal. It is also made clear that, till an award is passed afresh by the Tribunal, the petitioners shall not initiate any steps for recovery of the last drawn wages paid to the respondent-workman. The Writ Petition is, accordingly, disposed of. However, in the circumstance without costs. Date: 13.09.2012 ____________________________ RAMESH RANGANATHAN, J MRKR