Recall application rejection in state act while the reference made in central act
Querist :
Anonymous
(Querist) 21 August 2011
This query is : Open
against a labour court award though mentioned as ex-parte (But not ex-parte as the employer has filed w/s, rejoinder, issues framed application but during argument after refusing to file documents case order ex-parte) employer file recall application after 30 days of the publication of award which was duly rejected.
The reference was made in central act, but the application was rejected in state act,as the application before the labour court was presented by authorised representative of the employer on PLAIN PAPER WITHOUT MENTIONING ANY ACT AND WITHOUT AFFIDAVIT,DELAY CONDONE APPLICATION.
Now the award has been challenged before the writ court.
Is this rejection of application in state act will have any serious implication before the writ court as the reference is made in the central act?
how this issue can be effectively dealt before writ court without any adverse affect on the award.?
is the any specific ruling in this matter which may help?
Do suggest with ruling PL.
