Recall application rejection in state act while the reference made in central act

Querist : Anonymous (Querist) 09 September 2011 This query is : Resolved
The employer had filed recall application WHICH WAS DULY REJECTED against the ex- parte award of the labour court without mentioning the act under which the recall application had been filed not by the party but by the authorized representative of the company simple plain paper without affidavit and without delay condone application after 30 days of publication.
However it is pertinent to mention here that the award is not ex-parte as the company has filed w/s, rejoinder affidavit, refused to file documents ad absented itself deliberately in management witness and arguments. It has also filed various interlocutory applications/ objections rejected before passing award under the direction of high court to decide the issue at earliest.
Now challenging before the writ court the award, the recall application which was rejected under the state act while the reference order is in the central act.
Is this issue will have any serious implication in the writ court?
How this issue should be argued before the writ court?
Is there any ruling in support of submission.
Let me know.

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M/s. Y-not legal services (Expert) 09 September 2011
The rejection of recall petition can't be challenge before the writ jurisdiction. You have to go for revision only. Thats only the legal remedy for your case.

prabhakar singh (Expert) 10 September 2011
What transpires to me is that there has been
complete unwillingness on the part of company to contest the proceedings,hence it should stand rejected as delaying tact is the only seems intention on the part of the company,mention wrong Act may not lead to any great fatality if the provisions under reference in two Acts do not differ so much as to make the award bad in law .

girish shringi (Expert) 11 September 2011
I do agree with both the experts.

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