Bimal Kumar Azad @ Vimal Kumar Azad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2304 of 2017 In Civil Writ Jurisdiction Case No.4104 of 2015 ====================================================== Bimal Kumar Azad @ Vimal Kumar Azad Son of Late Lameshwari Prasad Yadav Resident of Village P.O. - Shankarpur, P.S. Muffasil, District Munger. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Presiding Officer, Labour Court, Bhagalpur. 3.

Indian Tobacco Company Ltd ITC Ltd. at Basudeopur, District - Munger, through its Management.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar, Advocate For the State : Mr. Rohitabh Das, AC to AAG-X For ITC :

Mr. Alok Kumar Sinha, Advocate Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Rastogi, AAG X ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-05-2019 This application has been filed by the petitioner for restoration of CWJC No. 4104 of 2015, which was dismissed for want of prosecution on 04.08.2017.

It is submitted by the learned counsel for the petitioner that on 04.08.2017, he was indisposed and nonprosecution of the case was neither deliberate nor willful. As the petitioner has been dismissed from service and the order of dismissal was under challenge in the writ petition, if the same is not restored, he would suffer an irreparable injury.

Patna High Court MJC No.2304 of 2017(3) dt.08-05-2019 2/2 Considering the submission made above, this application is allowed.

Let CWJC No. 4104 of 2015 be restored to its original file.

(Ashwani Kumar Singh, J) kanchan/- U