Powers of Industrial Courts : A Legal Issue
Many cases have been decided by Hon'ble Supreme Court.
In the context of Industrial Disputes (Central Rules), 1957, it has been commented at page 5 and 6 of Grindlays Bank Ltd. Vs. Central Government Industrial Tribunal and Others [1980] GCtR 2702 (SC) thus : -
"The language of Rule 22 unequivocally makes the jurisdiction of the Tribunal to render an ex parte award conditional upon the fulfilment of its requirements. If there is no sufficient cause for the absence of a party, the Tribunal undoubtedly has jurisdiction to proceed ex parte. But if there was sufficient cause shown which prevented a party from appearing, then under the terms of Rule 22, the Tribunal will have had no jurisdiction to proceed and consequently, it must necessarily have power to set aside the ex parte award. In other words, there is power to proceed ex parte, but such power is subject to the fulfilment of the condition laid down in Rule 22. The power to proceed ex parte under Rule 22 carries with it the power to enquire whether or not there was sufficient cause for the absence of a party at the hearing."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment (for example) as 12 December 1980.
Written by
Vishal
Delhi
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