Zila Sahkari Kendriya Bank Marya. v. Ram Briksha Singh And ORS.

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IILTHEHIGH COURT OF CHHATTISGARH AT BILASPUR. MCC N0.

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Arisine out ofWrit Petition 1431/2003 V^Zila Sahkari Kendriya Bank APPLICANT Maryadit, through its Manager ff^CC ^Ambikapur, "District Surguja C.G.

Presented by SlTn.-^-fr/"-^'- Date<l---"-^-t-?'^"/""f"1^""

(Petitioner)

VERSUS

r N0N-APPLICANTS J^ Ram Briksha Singh, aged about 22 years, S/o Mukutdhari Singh, R/o Songara, District Surguja C.G.

2^-Appellate Authority under the Payment of Gratuity Act, 1972 and Deputy Labour Commissioner, Raipur C.G.

3. ^Controller under the Payment of Gratuity Act, 1972 and Assistant Labour Commissioner, Raipur C.G.

(Respondents) APPLICATION FOR RESTORATION OF W.P. 1431/2003 DISMISSED ON 14.2.2014

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IN THE HIGH COURT OF CHHATTISGARH. BILASPUR

DIVISION BENCH HON'BLE MR.T.P. SHARMA, & HON'BLE IVIR. C.B. BAJPAI, JJ M.C.C.No. 728 of 2014 Zila Sahkari Kendriya Bank Maryadit Applicant versus 1.

Ram Briksha Singh.

Non-applicants 2.

Appellate Authority under the Payment of Gratuity Act, Raipur 3.

Controller under the Paymetn of Gratuity Act, Raipur APPLICATION FORRESTORATION OF W.P.No.1431/2003 Appearance:

Mr. D.N. Prajapati, counsel for the applicant. Mr. Ajeet Kumar Yadav, counsel for the respondents. OR DER (21.0-1.2015) T.P. SHARMA. J 1.

Present application for restoration has been filed after 166 days of its limitation, 2.

Heard on I.A.No.01/2014, for condonation of delay in filing the appeal.

3.

On due consideration, I.A.No.01/2014 allowed. Delay of 166 days in filing the appeal is hereby condoned. 4.

Also heard on restoration application.

5.

.

W.P.No.1431/2003 has been dismissed for want of instruction on 14.02.2014 by the learned Single Judge.

On that day, learned counsel for the applicant was present but he pleaded no instructions.

6.

Considering the factum of no instruction and further application for restoration, application is allowed subject to payment of cost of Rs.3000/- to the High Court Legal Services Committee, Bilaspur within 15 days from today.

W.P.No.1431/2003, dismissed for want of instruction vide order dated 14.02.2014, be restored to its original number, if the aforesaid cost is paid within stipulated period.

Sd/- C.B. Bajpai Judge Sd/- T.P.Sharma Judge Vijay ^:

s.