1 wp-8149-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO. 8149 OF 2008 M/s.Xavier Michael High School Dahisar (E) Mumbai and Ors. ..Petitioners Vs. Smt.Gangubai Chandrakant Jangam ..Respondent .... Mr. S.D. Patil Adv. for Petitioners Mr. Prakash Fernandes Adv. for Respondent .... CORAM : SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 25, 2009 P.C.: 1. Heard the learned counsel for the Petitioner-school and the learned counsel for the respondent-workman. 2. The 7th Labour Court Mumbai passed an exparte order in Ref. (IDA) 2 wp-8149-08 No. 339 of 2000 against the Petitioner-school on 13.5.2005. The Petitioner preferred an application to set aside the exparte award. As there was delay of about 56 days in preferring the application, an application for condonation of delay came to be preferred. By order dated 25.8.2008 passed in Application (IDA) No.8 of 2008, the Labour Court, Mumbai rejected the said application on the ground that as the award had been published in the official Gazette, it became enforceable under Section 17(A) of the Act on expiry of 30 days from the date of application. In this eventuality, the Labour Court had no power to entertain the application to set aside the exparte award as it had become functus officio. 3. The learned counsel for the Petitioner submitted that the Supreme Court in the case of Radhakrishna Mani Tripathi Vs. L.H. Patel and another, reported in (2009) 2 SCC 81, has held that in fact, in such situation, the Labour Court would not be functus officio and it can consider the application. The Labour Court did not have the opportunity to consider this decision. In my opinion, it would be appropriate that the Labour Court considers this decision. In this view of the matter, the order dated 25.8.2008 passed on the application for condonation of delay, is set aside. The Labour Court to decide the said application afresh after taking into consideration the decision in the case of Radhakrishna Mani Tripathi (supra). 3 wp-8149-08 Petition is disposed of in above terms. 4. Parties will appear before the Labour Court on 12.10.2009. Till the said application is disposed of by the Labour Court, the execution proceedings initiated by the Respondent, shall not be proceeded with. [ SMT.V.K.TAHILRAMANI,J.]