Citation : 2023 Latest Caselaw 1359 MP
Judgement Date : 23 January, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
MP No. 301 of 2023
(GENERAL MANAGER (HR) AND OTHERS Vs SHASHI KANT AMBIKAR)
Dated : 23-01-2023
Shri Dharmendra Soni - Advocate for the petitioner.
It is submitted by the counsel for the petitioner that although an
application under Order 9 Rule 13 CPC has been filed before the CGIT against
an ex parte award dated 01.09.2022 but since the said application was filed after
30 days of publication of the award, therefore, in the light of the judgment
passed by the Supreme Court in the case of Grindlays Bank Limited Vs.
Central Government Industrial Tribunal reported in 1981-I-LLJ-327 (SC)
the Tribunal has become functus officio.
Issue notice to the respondent on payment of process fee by registered
AD mode. Process fee be paid within seven working days.
In the light of the order passed by the Supreme Court in the case of Asian Resurfacing of Road Agency P. Ltd. and another Vs. Central Bureau of Investigation reported in (2018) 16 SCC 299, the office is directed to requisition the attested photocopy of the record of the Tribunal
below.
The notice is made returnable within a period of three weeks.
List in week commencing 20 th February, 2023.
(G.S. AHLUWALIA) JUDGE vc
Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 25-01-2023 11:02:08
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