Patna High CourtCWJC/2718/2008disposed

Rambaran Bind And ANR v. The State Of Bihar And ORS

2016-12-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2718 of 2008 ===========================================================

1. Rambaran Bind, S/o late Bagali Bind, Resident of Village Bisunganj, P.S. Dhanarua, Dist. Patna.

2. Yugal Kishore Singh, S/o Late Bhola Singh, Resident of Village Piprawa, P.S. Dhanarua, Dist. Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Labour Commissioner, Bihar at Patna.

2. The Assistant Labour Commissoner, Patna Division, Patna.

3. The Certificate Officer cum District Raj Panchayat Officer, Patna.

4. The Labour Enforcement Officer cum Inspector, Dhanarua under District Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Devendra Pd. Singh, Adv. For the Respondent/s : Mr. Raghwanand, GA-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 13-12-2016 Heard learned counsel for the parties.

In this case, a counter affidavit has been filed which is kept on record wherein it has been mentioned that against the order passed by the Assistant Labour Commission, an appeal was filed which was rejected for non-appearance.

As the appeal has been dismissed for default, the petitioners should take appropriate steps for revival of appeal before the appellate authority. If such an application is filed by the petitioners for restoration of the appeal, the appellate authority will take a decision and dispose of the matter in accordance with law. While deciding the issue, the appellate authority will take into account

Patna High Court CWJC No.2718 of 2008 dt.13-12-2016 the ground provided by the petitioners.

As the matter is being disposed of, it will not be treated that any stay order has been passed by this Court. With the aforesaid observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.12.2016 Transmission Date