A.B.Srivastava, J. - (1.) The simple question involved in this writ petition is regarding the powers and jurisdiction of the Labour Court to recall an ex-parte Award. In this case, the Labour Court, Gorakhpur which was seized of the Reference, rendered its Award on September 30, 1982, which was published on November 5, 1982, reinstating the employee, the respondent No.3, and awarding compensation. On November 17, 1982 an application on behalf of the petitioner employer was moved under Rule 16 of the Rules framed under the U.P. Industrial Disputes Act, 1947, for setting aside the Award on the ground that the petitioner's representative Shri Om Pra-kash Srivastava was ill and as such the non-appearance on behalf of the petitioner was for sufficient cause. This application was opposed by the other side.
(2.) By the impugned order dated January 25, 1983 the Labour Court rejected the said application under Rule 16 on the sole ground that the Labour Court is not competent to set aside an ex-parte Award once the same has been published. It is this order of the Labour Court which has been assailed in this writ petition.
(3.) Having heard both the parties' learned counsel and gone through the record, this Court is of the opinion that the Labour Court in refusing to entertain the recall application under Rule 16 on the ground of lack of juris-diction, failed to exercise a jurisdiction vested in it.;