MOHAN SHANTHANAGOUDAR, J. ( 1 ) THE miscellaneous application for setting aside the ex parte award filed by the respondent herein was allowed by the III Additional Labour court, Bangalore, by order dated 3rd June, 2003 which is impugned herein. ( 2 ) THE records disclose that the Labour Court passed the award dated 27-4-2002 in pursuance to the reference under Section 10 (1) (c) of the industrial Disputes Act, 1947, and the same was published on 29-11-2002. The respondent herein filed miscellaneous application for setting aside the said award on. 28-1-2003 on the ground that the same is passed ex parte. The said miscellaneous application was allowed on 3-6-2003. ( 3 ) THE main grievance of the petitioner-workman is that the miscellaneous application dated 28-1-2003 is filed beyond 30 days from the date of publication of the award and consequently, the application should not have been entertained by the Labour Court. ( 4 ) THOUGH there is no express provision in the Industrial Disputes act or the Rules framed thereunder, which gives the Tribunal jurisdiction to set aside an ex parte award, but it is a well-known rule of statutory construction that a Tribunal or body should be considered to be endowed with such ancillary or incidental powers as are necessary to discharge its functions effectively for the purpose of doing justice between the parties. The rules framed under the Industrial Disputes Act provide for applicability of provisions of the Civil Procedure Code to the industrial adjudication. The rules framed under the Industrial Disputes Act provide for applicability of provisions of the Civil Procedure Code to the industrial adjudication. Thus, the provisions of Order 9, Rule 13 of the cpc would be attracted to the proceedings before the Labour Court under the Industrial Disputes Act However, the Industrial Tribunals and the Labour Courts have limited jurisdiction, inasmuch as, once the award becomes enforceable, the Labour Court or the Industrial Tribunal becomes functus officio Thus, the application filed under Order 9, Rule 13 of the CPC cannot be entertained by the Labour Court/industrial Tribunal on the expiry of 30 days from the date of publication of the award ( 5 ) IT is not in dispute that the miscellaneous application for setting aside the award passed by the Labour Court was filed beyond 30 days from the date of publication of the award Once the award becomes enforceable in terms of Section 17-A of the Industrial Disputes Act, the labour Court or the Tribunal does not retain any jurisdiction for setting aside an ex parte award after the expiry of 30 days from the date of its publication in the gazette The Labour Court becomes functus officio after 30 days from the date of publication of the award In other words, the Labour Court can exercise its jurisdiction to set aside an ex parte ward only when the application is moved within 30 days of publication of the award. ( 6 ) IN this connection a reference may be made to the judgment of the apex Court in the case of Sangham Tape Company v Hans Raj, wherein it is observed thus. ( 6 ) IN this connection a reference may be made to the judgment of the apex Court in the case of Sangham Tape Company v Hans Raj, wherein it is observed thus. "such jurisdiction could be exercised by the Labour court within a limited time frame, namely, within thirty days from the date of publication of the award Once on award becomes enforceable in terms of Section 17-A of the Act, the labour Court or the Tribunal, as the case may be, does not retain any jurisdiction in relation to setting aside of an award passed by it In other words, upon the expiry of 30 days from the date of publication of the award in the gazette, the same having become enforceable, the Labour Court would become functus officio"in view of the same, as admittedly the miscellaneous application is filed for setting aside the award beyond 30 days from the date of publication of the award, the impugned order passed thereon by the Labour Court cannot be sustained and is liable to be set aside Hence, the following order is made the order dated 3rd June, 2003 passed by the III Additional labour Court, Bangalore, in M A No 3 of 2003, is quashed however, the respondent is at liberty to challenge the award passed by the Labour Court dated 27th April, 2002 in Reference no 92 of 1998 before appropriate forum, if need be, and seek appropriate reliefs in accordance with law. Writ petition is disposed of accordingly. --- *** --- .