In Brief
An accountant employed by a tea company since 1986 was denied employment following a management change in 2005. The Industrial Tribunal heard the matter ex-parte after the company failed to appear and awarded reinstatement with full back wages. The company's application to recall the ex-parte award was rejected by the Tribunal on the ground of functus officio doctrine. The High Court set aside the award, finding violations of Rules 20B(5) and 21 of the West Bengal Industrial Disputes Rules, 1958, specifically that the written statement was not served on the company as required. The Supreme Court upheld the High Court, holding that the Tribunal must comply with Rule 20B(5)'s mandatory requirement to serve copies and fix a date and time for service. The functus officio doctrine does not bar applications to set aside ex-parte awards where natural justice has been violated. The appeal was dismissed."
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