Daroga Singh v. Hidustan Steel Works Construction Limited H O ,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 938 of 2016 • Daroga Singh S/o Shri Harihar Singh, Aged About 57 Years P.No.4043, Assistant Manager (C O) Deptt. Utilities Zone No.531, Hindustan Steel Works Construction Limited Bhilai Unit, R/o Qtr. No.10-A, Street No.32, Sector-5, Post Bhilai, District Durg, Chhattisgarh ---- Applicant

Versus

1. Hidustan Steel Works Construction Limited ( H O ), Through: Its Chairman-Cum-Managing Director (A Govt. Of India Undertaking), 5/1, Commisariat Road Hastings, Kalkata-22

2. Hindustan Steel Works Construction Limited (Local Unit At Bhilai), Through: Its General Manager, Post Bhilai, District Durg, Chhattisgarh ---- Respondents For Applicant :

Shri Uttam Pandey, Advocate For Respondent No.1 & 2 :

Shri Vinod Deshmukh, Advocate Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 23/12/2016 1.

Heard.

2.

Issue notice.

3.

Learned counsel accepts notice on behalf of the applicants. 4.

With this, the applicant is not required to pay PF for issuance of notice to the respondents.

5.

Heard on I.A.No.1/2016 for condonation of delay in filing the MAC as it is barred by 211 days after dismissal of WPS No.7633/2006 for non prosecution.

6.

Learned counsel for the applicant would submit that as other matters are also pending for the retiral benefits available under the law,

looking to the facts involved for the said writ petition and other petitions, the delay is unintentional and bonafide, hence, the same may be condoned and the matter may be heard as it relates to post retiral benefits under the law.

7.

On behalf of the respondents, I.A.No.1/2016 is opposed. 8.

On due consideration and as per arguments advanced on behalf of the applicant I.A.No.1/2016 is allowed. Delay of 211 days is condoned. 9.

Also heard the matter finally.

10.

On due consideration, the MCC is allowed and WP(S) No.7633/2006 dismissed for want of prosecution on 7.4.2016 is restored to its original number.

11.

No order as to cost.

Sd/- (Chandra Bhushan Bajpai) Judge sunita