- (1.) Heard learned counsel for the petitioner Sri S.S. Srivastava and Sri M.P.S. Chauhan learned counsel for the respondent.
(2.) The Nagar Palika Parishad, Aligarh has come up against the rejection of the application for setting aside the ex-parte award contending that even though the award was published on 6th March, 1997, it was dispatched on 14th July 1997, and as such the application has been filed within 30 days i.e. on 5th August, 1997. Learned counsel, therefore, submits that the application having been filed within 30 days from the date of knowledge, the refusal by the Labour Court to set aside the ex-parte award on this ground is erroneous.
(3.) Learned counsel for the respondent on the previous occasion on 29th March, 2012 submitted that the date of knowledge is immaterial and reliance was placed on three decisions to contend that the Court of reference become functus officio after the expiry of 30 days as such it had no authority to entertain an application for setting aside the ex-parte award.;