Chhattisgarh State Electricity Board v. State Industrial Court Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C No. 481 of 2016 Chhattisgarh State Electricity Board through- Secretary, Head Quarter, Danganiya, Raipur (Chhattisgarh), ---- Applicant

Versus

1. State Industrial Court of Chhattisgarh Mahanadi Khand B, Mantralaya Building, Raipur (Chhattisgarh)

2. Presiding Officer, Labour Court, Anand Nagar, Raipur (Chhattisgarh)

3. Smt. Hemlata Tiwari, Additional O. A. Grade- I, O/o C S E B, Danganiya, Raipur (Chhattisgarh) ---- Respondents Shri N. K. Vyas, counsel for the applicant.

03.10.2016 Heard on I.A. No.01/16 for condonation of delay in filing the application for restoration of W.P.(L) No.2912/2007. This Court had issued notice to respondent no.3 on I.A. No.01. Though service has been made effectively upon respondent no.3 by Dasti mode, there is no representation on behalf of respondent no.3 either personal or through her lawyer. Hence, it appears that respondent no.3 does not have any objection if I.A. No.01 is allowed.

Accordingly, I.A. No.01 is allowed and the delay of 288 days in filing the application for restoration of WP(L) no.2912/07 stands condoned.

Also heard on merit.

The present MCC has been preferred seeking for restoration of W.P.(L) No. 2912/2007 which was dismissed by this Court vide order dated 24.07.2015 for want of prosecution. Taking into consideration the reasons assigned in the application and finding the same to be satisfactory, this Court is of the opinion that it is a fit case to allow the application for restoration of W.P.(L) No. 2912/2007 .

Accordingly, the present MCC is allowed and W.P.(L) No. 2912/2007 is restored to its original number. No order as to costs.

Sd/- P. Sam Koshy Judge Bhola