High Court Of ChhattisgarhWA/34/2017allowed

Jeevan Lal Sahu v. Chhattisgarh Infrastructure Development Corporation

2017-03-23Hon'Ble The Chief Justice,Hon'Ble Shri Justice Pritinker Diwaker2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 34 of 2017 Jeevan Lal Sahu S/o Ubhay Lal Sahu, Aged about 54 years, R/o Pahadipara, Gulab Nagar, Gudiyari, P.S. Gudiyari, Raipur (C.G.) ---- Appellant versus

1. Chhattisgarh Infrastructure Development Corporation Through-Its Divisional Manager (Transport Department C.I.D.C., Raipur (C.G.)

2. State Industrial Court, Raipur Through-Its Chairman Raipur (C.G.)

3. Presiding Officer, Labour Court, Raipur (C.G.) ---- Respondents For Appellant :

Shri K.P.S. Gandhi, Advocate For Respondent No.1 :

Shri Ashish Shrivastava, Advocate For Respondents 2 and 3 :

None Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Pritinker Diwaker, Judge Judgment on Board 23/03/2017

1. Notice to Respondents 2 and 3 dispensed with.

2. We have heard learned counsel for the Appellant and learned counsel for Respondent No.1.

3. The Appellant challenges the imposition of cost by the learned Single Judge while granting restoration of Writ Petition No. 6174 of 2005 which was dismissed for default.

4. Award of costs being discretionary and that having been done in writ jurisdiction, under normal circumstances we would not have interfered at all but the learned counsel for the Appellant very persuasively states that his

client was earlier working in M.P.S.R.T.C. which was dissolved and he is fighting against an adverse decision by the Labour Court. It is therefore pointed out that in his challenge to economic status, the amount of cost imposed will be an unbearable burden.

5. On the totality of the facts and circumstances of the case, we take a lenient view and modify the order impugned in this appeal by reducing it to operate if the Appellant pays an amount of Rs.2,000/- as costs instead of Rs.7,500/- as award by the learned Single Judge, provided such payment is made within a period of three weeks from today.

6. The writ appeal stands disposed of accordingly. Sd/- Sd/- (Thottathil B. Radhakrishnan) (Pritinker Diwaker) Chief Justice Judge vatti