Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 17 and 17A Industrial Disputes Act 1947: ss. 16 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) Industrial Disputes Act, 1947 (14 of 1947) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Industrial Disputes Act, 1947: ss. 16, 17 and 17A – Ex-parte award – Power to recall, by the Industrial Tribunal/Labour Court after it becomes enforceable – Held: Industrial tribunal/labour court is not functus officio after the award has become enforceable, as far as setting aside an ex parte award is concerned – It is within its powers to entertain an application as per the scheme of the Act and in terms of the rules of natural justice – Merely because an award has become enforceable, does not necessarily mean that it has become binding – For an award to become binding, it should be passed in compliance with the principles of natural justice – Furthermore, in case a party is in a position to show sufficient cause for its absence before the Labour Court/Tribunal when it was set ex parte, the Labour Court/Tribunal, in exercise of its ancillary or incidental powers, is competent to entertain such an application – That power cannot be circumscribed by the principle of functus officio. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2018 INSC 537 |
Petitioner | Haryana Suraj Malting Ltd. |
Respondent | Phool Chand |
SCR | [2018] 5 S.C.R. 377 |
Judgement Date | 2018-05-18 |
Case Number | 5650 |
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