M/S. HARYANA SURAJ MALTING LTD. versus PHOOL CHAND

M/S. HARYANA SURAJ MALTING LTD. versus PHOOL CHAND

The Industrial Tribunal/Labour Court is not functus officio after the award becomes enforceable for purposes of setting aside an ex parte award. It may entertain a recall application where sufficient cause is shown for absence, exercising ancillary, incidental, or inherent powers under the Industrial Disputes Act and the principles of natural justice. The application cannot be rejected merely on the ground it was filed after enforceability, as welfare legislation intends industrial peace and access to justice.

Parties
Appellant: M/S. Haryana Suraj Malting Ltd.; Respondent: Phool Chand
Jurisdiction
India
Judgment Date
18 May 2018
Procedural Posture
Civil Appeal / Final Supreme Court Judgment Disposing of Appeals
Outcome
Appeals disposed of; awards remitted to Labour Court/Tribunal for reconsideration as to whether there was sufficient cause for management's non-appearance.
Legal Topics
Ex Parte Award Recall, Industrial Disputes Act, Jurisdiction of Labour Court/tribunal, Principles of Natural Justice
Labour Law Industrial Law Ex Parte Award Recall Industrial Disputes Act Jurisdiction of Labour Court/tribunal Principles of Natural Justice

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Parties

M/S. Haryana Suraj Malting Ltd.

Appellant

Phool Chand

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment Disposing of Appeals

Legal Issues

  1. 1 Whether the Industrial Tribunal/Labour Court is functus officio after the award becomes enforceable, preventing consideration of an application to set aside an ex parte award

Ratio Decidendi

The Industrial Tribunal/Labour Court is not functus officio after the award becomes enforceable for purposes of setting aside an ex parte award. It may entertain a recall application where sufficient cause is shown for absence, exercising ancillary, incidental, or inherent powers under the Industrial Disputes Act and the principles of natural justice. The application cannot be rejected merely on the ground it was filed after enforceability, as welfare legislation intends industrial peace and access to justice.

Court Disposition

Appeals disposed of; awards remitted to Labour Court/Tribunal for reconsideration as to whether there was sufficient cause for management's non-appearance.

Orders

  • Appellants directed to pay Rs.1,00,000/- in each case to workmen by way of provisional payment, subject to adjustment based on final outcome of awards.