- (1.) HEARD Shri Bhandari and perused the record of the case.
(2.) THIS writ petition has been presented before this court on February 23, 1994, and challenge in this writ petition has been made to an order dated December 19,1991, passed by the Labour Court, Kota, in Miscellaneous Application No. 14 of 1990.
(3.) A look at the impugned order passed by the Labour Court shows that by this impugned order it has dismissed the application filed by the employer (petitioner) for setting aside the ex-parte award dated February 6, 1990. Which the Labour Court has passed in Reference Case No. 84 of 1987. The Labour Court found that the explanation offered by the employer for the delay in filing an application was wholly unsatisfactory and, therefore, there was no justification for condonation of delay in filing of application. The Labour Court also hetd that the facts have not been correctly mentioned in the application filed on behalf of the employer for setting aside the ex pane award and, therefore, there was no justification for interference by the Labour Court. The reason advanced by the Judge, Labour Court, is that the ex pane award was published on April 24, 1990, and an application had been filed by the employer on June 22, 1990 and that after publication of the award, there was no justification to entertain an application for setting aside the ex pane award.;