1 !"#$# %&%'()*+ ,"-.($#/$012 22## %( 3($'$ ($#1#%4 !!#"( %1'$(#- (#.'%-"'5 0. '( '( + (#1.1%1% 6( 22$7 %1%$ 8& 9082: : 8: : : 8: : 20 ! " "# $"% & & '( & ( )& *& $ "+ $", -!& ./0 & 1" ( & )& *& ( && ! 2 )& *& $ "+ $", -!& ./0 & HARSHA RANI 2025.02.04 09:53 I attest to the accuracy and integrity of this document 2 $ ( & & $ 1 ) & &( (& $ "+ $", -!& ./0 " "# $"% & $ !& 3 & & + 2 &( & 4 ! )& *& 5 $ "+ $", -!& ./0 ! 1" ( & & " "# $"% ! $ $"% 1" / 2 4& ' 67 &( *& !"# 8& ! )& *& 1" )& *& ( && 2 4&( &. “35. Merely because an award has become enforceable, does not necessarily mean that it has become binding. For an award to become binding, it should be passed in compliance with the principles of natural justice. An award passed denying HARSHA RANI 2025.02.04 09:53 I attest to the accuracy and integrity of this document 3 an opportunity of hearing when there was a sufficient cause for nonappearance can be challenged on the ground of it being nullity. An award which is a nullity cannot be and shall not be a binding award. In case a party is able to show sufficient cause within a reasonable time for its nonappearance in the Labour Court/Tribunal when it was set ex parte, the Labour Court/Tribunal is bound to consider such an application and the application cannot be rejected on the ground that it was filed after the award had become enforceable. The Labour Court/Tribunal is not functus officio after the award has become enforceable as far as setting aside an ex parte award is concerned. It is within its powers to entertain an application as per the scheme of the Act and in terms of the rules of natural justice. It needs to be restated that the Industrial Disputes Act, 1947 is a welfare legislation intended to maintain industrial peace. In that view of the matter, certain powers to do justice have to be conceded to the Labour Court/Tribunal, whether we call it ancillary, incidental or inherent.” % )& *& $ "+ $", -!& ./0 ( ' )& *& $ $"% ! " "# $"% , 5& & $, ", $", & &( 9 $+""":. ( .( 2 ( (& .( & &( 9 $+""":. . ( . )& *& )& *& & &( HARSHA RANI 2025.02.04 09:53 I attest to the accuracy and integrity of this document 4 9 $+""":. .( 2 ( 9 & # 2 ( %'()*+ : 8: : harsha ; ': < ; HARSHA RANI 2025.02.04 09:53 I attest to the accuracy and integrity of this document