M/S Nitika Fashion and Anr. v. Suresh Chand and Anr.
Case brief
What is this about?
Keywords: ex-parte award; recall / setting aside application; Order IX Rule 13 CPC; Labour Court functus officio; enforceability of award; natural justice; Industrial Disputes Act, 1947; Haryana Suraj Malting Limited v. Phool Chand (2018) 16 SCC 567. Summary: The management's application under Order IX Rule 13 CPC to set aside an ex-parte Labour Court award was dismissed because the award (published 23.07.2010, enforceable from 21.08.2010) predated the filing (28.08.2010). The Delhi High Court allowed the writ petition, relying on Supreme Court precedent that the Labour Court/Tribunal retains power to consider recall applications notwithstanding enforceability of the award, and remitted the application to the Tribunal for consideration on its own merits, listing it for 28.05.2026.
What did the court decide?
Petition allowed; the Tribunal (Ld. Labour Court) shall consider the application on its own merits in view of the settled position in Haryana Suraj Malting Limited v. Phool Chand ((2018) 16 SCC 567); the matter was listed before the Tribunal on 28.05.2026 and the petition was disposed of alongwith the pending application.