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High Court Of ChhattisgarhMCC/611/2016allowed

Steel Authority Of India Limited v. A Smt. Nisha Gajbhiye

2016-08-24Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.611 of 2016 Steel Authority of India Limited through Managing Director, Bhilai Steel Plant, Bhilai, District Durg (CG). ---- Applicant

Versus

1a.

Smt. Nisha Gajbhiye, W/o late Shri Sunil Kumar Gajbhiye, aged about 37 years.

1b.

Ku. Diksha Gajbhiye, D/o. Late Shri Sunil Kumar Gajbhiye, aged about 16 years, through natural guardian Smt. Nisha Gajbhiye. 1c.

Smt. Shanti Bai, mother of late Shri Sunil Kumar Gajbhiye, aged about 64 years.

All resident of Station Para, Ward No.10, Rajnandgaon, District Rajnandgaon (CG).

2.

Industrial Court, Chhattisgarh at Raipur.

3.

The Presiding Officer, Labour Court, Durg (CG). ---- Non-applicants For Applicant :

Shri Kashif Shakeel, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/08/2016 (1) Learned counsel appearing for the applicant is heard on restoration application.

(2) The applicant is seeking restoration of Writ Petition No.872 of 2004 which was dismissed for want of prosecution vide order dated 04.07.2016.

(3) On due consideration of the submissions of the learned counsel

for the applicant and the grounds taken in the restoration application, I am satisfied that the absence of the applicant's counsel on 04.07.2016 when Writ Petition No.872 of 2004 was taken-up for hearing was based on bonafide grounds.

(4) Accordingly, MCC No.611/2016, therefore, is allowed and Writ Petition No.872 of 2004 is restored to its original number, subject to payment of cost of Rs.2000/- payable to High Court Legal Aid Committee.

Sd/- (Sanjay K. Agrawal) Judge L/-