Dainik Bhaskar (D.B. Corp. Ltd.) vs Chetan Shukla
2022 Latest Caselaw 5935 MP

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                                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                                            AT INDORE
                                                                              WP No. 9212 of 2022
                                                                   (DAINIK BHASKAR (D.B. CORP. LTD.) Vs CHETAN SHUKLA)

                                             Dated : 22-04-2022
                                                       Shri Girish Patwardhan, learned Senior Counsel with Ms. Kirti Patwardhan,

                                             learned counsel for the Petitioner.
                                                       In the instant petition the petitioner has challenged the order dated
                                             06.01.2022 passed by the Labour Court whereby the application filed by the
                                             petitioner under Order 9 Rule 13 has been rejected on the ground that the Labour
                                             Court after passing the order has become functus officio.

                                                       Senior Counsel for the petitioner submits that the aforesaid order is contrary
                                             to the judgment passed by Hon'ble Apex Court in the case of Haryana Suraj
                                             Maiting Ltd. vs. Phool Chand passed on 18.05.2018 in Civil Appeal
                                             No.5650/2018, copy of the judgment has been filed as Annexure-P/9, whereby it
                                             has been held that the Labour Court could have entertained the application for
                                             setting aside ex-parte award after thirty days of the period of limitation.
                                                       In view of the aforesaid, issue notice to the respondents by both modes on

payment of process fees within seven working days; returnable within four weeks, failing which the petition shall stand dismissed without reference to the Court.

Till the next date of hearing, no coercive action shall be taken against the petitioner subject to compliance of the provisions of Section 17(b) of the Industrial Disputes Act 1947.

Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

sumathi

Signature Not Verified VerifiedDigitally Digitally signed by SAN SUMATHI JAGADEESAN Date: 2022.04.22 17:34:07 IST