GRINDLAYS BANK LTD. versus CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AND ORS.

GRINDLAYS BANK LTD. versus CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AND ORS.

The Industrial Tribunal has the inherent jurisdiction and duty to set aside an ex parte award upon being satisfied of sufficient cause shown for non-appearance, and such procedural power does not amount to exercising a review on merits. The Tribunal remains competent to entertain such application until the award becomes enforceable under section 17A, i.e., until the expiry of 30 days from its publication.

Parties
Appellant: Grindlays Bank Ltd.; Respondents: Central Government Industrial Tribunal and Others
Jurisdiction
India
Judgment Date
12 December 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 25 7 1979 of the Calcutta High Court in Appeal No. 3/1978
Outcome
Appeal dismissed with costs.
Legal Topics
Ex Parte Award, Jurisdiction of Industrial Tribunal, Setting Aside Award, Review Powers, Natural Justice
Labour Law Industrial Disputes Ex Parte Award Jurisdiction of Industrial Tribunal Setting Aside Award Review Powers Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Grindlays Bank Ltd.

Appellant

Central Government Industrial Tribunal and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 25 7 1979 of the Calcutta High Court in Appeal No. 3/1978

Legal Issues

  1. 1 Whether the Industrial Tribunal has jurisdiction to set aside an ex parte award, especially when it is based on evidence
  2. 2 Whether the Tribunal became functus officio on expiry of 30 days from publication of the ex parte award and only the Central Government had the power to set it aside

Ratio Decidendi

The Industrial Tribunal has the inherent jurisdiction and duty to set aside an ex parte award upon being satisfied of sufficient cause shown for non-appearance, and such procedural power does not amount to exercising a review on merits. The Tribunal remains competent to entertain such application until the award becomes enforceable under section 17A, i.e., until the expiry of 30 days from its publication.

Court Disposition

Appeal dismissed with costs.

Orders

  • The order setting aside the ex parte award by the Tribunal stands confirmed.
  • Appellant to pay costs throughout.