(2018)2 SC e@JOURNAL 1586
SUPREME COURT OF INDIA
Industrial Disputes Act, Section 10, 11A – Workman a casual worker and hardly worked for one year (10.6.1976 to 30.7.1977) - Having regard to the peculiar nature of the respondent's appointment and rendering of services by him for a very short duration (just 240 days only) and with no evidence as to whether he worked for gains or not after his services came to an end in 1977, this was a fit case where the Labour Court should have awarded lump sum compensation to the respondent instead of directing his reinstatement in service with consequential benefits - The Labour Court was empowered to pass such order by taking recourse to the powers under Section 11¬A of the Act - Order and award of Labour Court modified, directing the employer to pay a sum of Rs. 50,000/¬ in lump sum to the respondent (employee) by way of compensation in lieu of respondent’s right to claim reinstatement in service - Compensation is fixed after taking into account all facts and circumstances of the case including the fact of making payment to the respondent by way of monthly salary during pendency of the writ petition/intra court appeal by the appellant under Section 17¬B of the Act.
*Industrial Disputes Act, 1947 (XIV of 1947)*
Whether the Industrial Tribunal/Labour Court becomes functus officio after 30 days of the pronouncement/publication of the award and loses all powers to recall an order proceeding ex parte workman and ex parte award to entertain an application made by the aggrieved party after 30 days from the date of pronouncement/publication of the award for setting aside the ex parte award –Application made for setting aside ex parte awards beyond period of 30 days from the date of pronouncement/publication of the awards are not to be dismissed outright, but the cause for delay in approaching the Court would have to be gone into by the Industrial Tribunal/Labour Court - If sufficient cause for delay is explained, then the ex parte proceedings can be set aside and case decided on merits (2018-4) *PUNJAB LAW REPORTER* 542
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