D. Datta, J. - (1.) Challenge in this petition is to an ex parte award dated 17th July, 2003 passed by the Judge, Second Labour Court (Annexure P -3) and the order dated 18th September, 2003 passed by the selfsame Judge (Annexure P -5). By the award, the Judge directed reinstatement of the third respondent in service of the petitioner and to pay him full back wages within 60 days from date of receipt thereof. By the order dated 18.9.2003, the petition filed by the petitioner praying for setting aside of the ex parte award was rejected on contest. It is not in dispute that the third respondent has since approached the Labour Court for computation of benefits under Sec. 33 -C(2) of the Industrial Disputes Act, 1947 since the petitioner did not implement the award, giving rise to Computation Case No. 6 of 2004. It is also not in dispute that while contesting the said case, the petitioner has raised the point that the award dated 17th July, 2003 is a nullity. The Labour Court is in seisin of the issue.
(2.) More than 5 -1/2 years have elapsed since the award was passed by the Labour Court and the application filed by the petitioner for setting it aside was rejected. This petition has been presented only on 6.5.2009. The explanation that has been furnished by the petitioner for the delay in approaching the Court of Writ is contained in paragraph 33 of the writ petition.
(3.) According to the petitioner, it is on the basis of the opinion of a senior lawyer consulted by it that it was advised to assail the award on the grounds urged in the petition without waiting for a decision by the Labour Court.;