Telangana High Court
The General Manager, Telecom District, ... vs Mr. Md. Razab Ali And Another on 26 June, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.24487 of 2005
ORDER:
This writ petition is filed seeking the following prayer:-
"to issue a writ or direction more particularly
one in the nature of Mandamus declaring the order
dt.11.2.2005 in I.A.No.49/2004, dt.31.3.2005 in
I.A.No.50/2004 and dt. 6.9.2005 in I.A.No.74/2005
in L.C.I.D.No.164/2002 on the file of the Central
Government Industrial Tribunal Cum Labour Court, at
Hyderabad as bad, illegal void and set aside the
same and pass such other order or orders as this
Hon'ble Court may deem fit and proper in the
circumstances of the case."
2. Smt. T.Bala Jayasree, learned Standing Counsel for
petitioners and no representation on behalf of respondent No.1.
3. Learned Standing Counsel submits that the present case
is squarely covered by the judgment passed by the Hon'ble
Supreme Court in Jammu Tehsil vs Hakumar Singh and
others 1 wherein at para No.5, it is held as under:
"5. The said decision is, therefore, an
authority for the proposition that while an
Industrial Court will have jurisdiction to set
aside an ex parte award, but having regard to
the provision contained in Section 17A of the
Act, an application therefore must be filed
before the expiry of 30 days from the
(2007) 1 SCC (L&S) 940
2 NBK,J
publication thereof. Till then Tribunal retains
jurisdiction over the dispute referred to it for
adjudication and only up to that date, it has
the power to entertain an application in
connection with such dispute. It is not in
dispute that in the instant case, the High
Court found as of fact that the application for
setting aside the award was filed before the
Labour Court after one month of the
publication of the award. In view of this
Court's decision in Grindlays Bank Ltd. V.
Central Government Industrial Tribunal
and others 2, such jurisdiction could be
exercised by the Labour Court within a limited
time frame, namely, within thirty days from
the date of publication of the award. Once an
award becomes enforceable in terms of
Section 17A of the Act, the Labour Court or the
Tribunal, as the case may be, does not retain
any jurisdiction in relation to setting aside of
an award passed by it. In other words, upon
the expiry of 30 days from the date of
publication of the award in the Gazette, the
same having become enforceable, the Labour
Court would become functus officio."
4. Recording the said submission and relying on the
judgment passed by the Hon'ble Supreme Court in Jammu
Tehsil's case (supra1), the order dated 11.02.2005 in I.A.No.49
of 2004, dated 31.03.2005 in I.A.No.50 of 2004 and dated
06.09.2005 in I.A.No.74 of 2005 in L.C.I.D.No.164 of 2002 on
2 (1980) Supp. SCC 420
3 NBK,J
the file of the Central Government Industrial Tribunal-cum-
Labour Court, Hyderabad, is set aside. Accordingly, the Writ
Petition is allowed. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this writ
petition, shall stand closed.
____________________________
NAGESH BHEEMAPAKA, J
Date: 26.06.2024
Smk
