VidhiSangh

Supreme Court of India · 18/05/2018

M/S. HARYANA SURAJ MALTING LTD. versus PHOOL CHAND

[2018] 5 S.C.R. 377 · 2018 INSC 537

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Summary

The Supreme Court held that enforceability of an industrial award does not extinguish the Labour Court’s or Tribunal’s power to consider setting aside an ex parte award. Procedural recall remains available on sufficient cause for non-appearance shown within a reasonable time. Resolving the conflicting decisions, it remitted the awards for consideration of that cause and directed provisional payment of Rs.1 lakh to the workmen in each case, subject to adjustment against the final outcome.

Issues

  1. Whether a Labour Court or Industrial Tribunal becomes functus officio for recalling an ex parte award once it becomes enforceable.
  2. What conditions govern procedural recall and the consequential relief in the pending appeals.

Provisions considered

Held

Result

Appeals disposed of. Awards remitted to the Labour Court to consider sufficient cause for management’s non-appearance. Appellants to pay the workmen Rs.1 lakh provisionally in each case, subject to final adjustment.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 377.