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The High Court dismissed a review application, finding no manifest error or denial of hearing. It held the earlier decision was properly dismissed, not struck out.
The Labour Court has no statutory jurisdiction to exempt a party from paying arbitral fees to the arbitrator; the only jurisdiction provided is to adjust fees if their reasonableness is challenged. The applicant's prayer is not covered by the Arbitration Act or the Employment and Labour Relations Act. The application is therefore dismissed for want of jurisdiction.
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The District Magistrate properly overruled the preliminary objection on wrong citation and determined the application on its merits, dismissing it because the applicant failed to account for each day of delay. Dismissal was appropriate as the matter was heard on merit, not on technicality.
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The tribunal erred in dismissing the application for wrong citation of law; it should have struck out the application, as dismissal implies a hearing on merit which did not occur, and the dismissal denied the appellant the right to be heard.
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The District Court erred in dismissing the application for incompetence due to wrong citation of law; the correct order was to strike out the application, allowing the appellants to re-file after correcting the defect. Nullification of the entire proceedings was not warranted as the parties were heard on the preliminary objection and the finding of incompetence was proper.
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Where an application is time barred, the only legally correct order is dismissal under Section 3(1) of the Law of Limitation Act, regardless of additional defects such as wrong citation of law. The court's previous order dismissing the application was correct as the application was time barred.
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