R.R.YADAV, J. - (1.) THE instant wilt petition has been filed by the petitioner for quashing the impugned Award dated 13.11.92 Annx. 3 to the writ petition passed by the Labour Court, Bikaner.
(2.) THE aforesaid impugned Award was given exparte and was published on 9.7.93. An application for setting aside the ex parte Award of the Labour Court dated 13.11.92 published on 9.7.93 was prepared in the office of the petitioner on 5.8.93 and was presented and registered in the Labour Court, Bikaner on 24.8.93. It is strenuously contended by the learned counsel for the petitioner Mr. Gopi Kishan Vyas before me that on passing of an ex parte Award by the Labour Court, Bikaner it has not become functus officio. According to him, in view of Sections 17A and 20 of the Industrial Disputes Act, 1947 proceedings with regard to a reference under Section 10 can not be deemed to be concluded until expiry of 30 days from the date of publication of the Award.
(3.) IT is next contended by the learned counsel for the petitioner that since application for setting aside the ex parte Award was prepared on 5.8.93 while it was published on 9.7.93, therefore, the application for setting aside the ex parte Award must be treated to be within limitation.;