JUDGMENT Mukul Mudgal, J.
1. Rule has already been issued in the writ petition on 5th December, 1995. The matter is taken up today for final hearing.
2. This writ petition challenges the Order dated 2nd June, 1995(Annexure P-1 at Pages 34-36 of the petition), refusing to grant the prayer made by the petitioner to set aside the ex-parte award dated 9th May, 1994(impugned in the present writ petition as Annexure P-2) on the ground that the Labour Court/Industrial Tribunal had no jurisdiction to deal with such an application as it had become functus officio within 30 days of the date of the award.
3. The Hon'ble Supreme Court in Anil Sood Vs Presiding Officer, Labour Court II while reversing the judgment of a Division Bench of this Court, holding that the industrial adjudicator had become infructuous after 30 days of the making of the award held as follows:-
"If this be the position in law, both the High Court and the Tribunal (sic Labour Court) fell into an error in stating that the Labour Court had become functus officio after making the award though ex-parte. We set aside the order made and the award passed by the Labour Court and affirmed by the High Court in this regard, in view of the fact that the learned counsel for the respondent conceded that application filed by the appellant be allowed, set aside the ex parte award and restore the reference. To decide the matter afresh, the parties shall appear before the Labour Court on 11-12-2000 to take further directions as regards the proceedings. As the matter is very old, it would be appropriate for the Labour Court to dispose of this reference as expeditiously as possible but not later than six months from today."
4. Accordingly the writ petition is allowed. The impugned Order dated 2nd June, 1995 is accordingly set aside. The parties are directed to appear on 21st January, 2004 before the Labour Court No.IV, Tis Hazari, Delhi. The Labour Court will dispose of the application for setting aside the ex-parte award on or before 6 months from the date of first appearance.
5. The writ petition stands allowed and disposed of accordingly.