1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.697 OF 2003 P. G. Gaikwad. ...Petitioner. Vs. A.J. Chougule. ...Respondent. .... None for the Petitioner. Mr. K.M. Naik with Mr. S.P. Salkar i/b. Mr. S.P. Dhulapkar for the Respondent. ..... CORAM :DR.D.Y.CHANDRACHUD, J. April 22, 2008. P.C.: The Petitioner was dismissed from service after a disciplinary enquiry, on 3rd December 1991. A reference was made to the Labour Court under Section 10 of the Industrial Disputes Act, 1947. The reference was dismissed in default on 21st September 1993. The Award was published on 13th November 1993, upon which it became enforceable after the expiry of 30 days, on 13th December 1993. The Petitioner filed an application for restoration on 24th March 1994. The Labour Court has came to the conclusion that it was rendered functus officio by the time when the application for 2 restoration was filed. Consequently, the application for restoration was dismissed. The award of the Labour Court became enforceable upon the expiry of 30 days of the date of publication. Thereupon the Labour Court was rendered functus officio having regard to the judgment of the Supreme Court in Grindlays Bank Ltd. vs. Central Government Industrial Tribunal, 1981 I LLN 196. The same view has been reiterated in the judgment of the Supreme Court in Sangam Tape Company Vs. Hans Raj, 2004 III CLR 776. The Labour Court has noted that according to the Petitioner, he has received the award on 18th February 1994. Even if this date is to be taken into consideration, it is evident that the application for restoration was filed well beyond the period of 30 days thereafter. In these circumstances no fault can be found with the order passed by the Labour Court. The petition shall stand dismissed. ......