Mr. Umed Singh vs Ashok Hotel
2003 Latest Caselaw 842 Del

JUDGMENT

Mukul Mudgal, J.

1. Rule. With the consent of the counsel for the parties, the matter is taken up today for final hearing.

2. This writ petition challenges the Order dated 27th August, 2002, passed by the Presiding Officer, Labour Court-VIII, Delhi, dismissing the review application of the petitioner because the award dated 22nd October, 2001 was passed and published. The petitioner moved the review application in respect of an award dated 22nd October, 2001 and the petitioner's plea inter-alia was that the name of the petitioner, figuring in the operative portion of the award dated 22nd October, 2001, i. e. , in Para No. 15 and 18 as well as in the last para was missing inadvertently and accordingly he was entitled to reinstatement with full backwages and all the consequential benefits.

3. Learned counsel for the petitioner has relied upon the judgments in Grindlays Bank Ltd Vs Central Government Industrial Tribunal & Others 1980 (Supp) SC 420 and Anil Sood Vs Presiding Officer, Labour Court . The aforesaid judgments hold that a review petition is maintainable even after the publication of the award before the Labour Court/Industrial Tribunal. It is not in dispute that in view of the aforesaid position of law laid down by the Hon'ble Supreme Court, the Order dated 27th August, 2002 cannot be sustained.

4. Accordingly, the Order dated 27th August, 2002 is set aside and the parties are directed to appear before the Labour Court-VIII, Delhi for directions on 14th October, 2003. The Labour Court is directed to dispose of the review application not later than 31st January, 2004.

5. Writ petition stands allowed and disposed of.