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High Court Of ChhattisgarhMCC/239/2017allowed

Bengal Nagpur Cotton Mill v. Shri Moolchand

2017-03-29Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 239 of 2017 • Bengal Nagpur Cotton Mill, Through General Manager, Rajnandgaon, Chhattisgarh, Through Factory Manager, Shri K.R.Chittawar, S/o Late Shri R.N.Chittawar, Aged About 56 Years, OfÏciating Factory Manager, Bengal Nagpur Cotton Mill, Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. Shri Moolchand S/o Shri Nandram Ji, R/o Lalbagh, Rajnandgaon, Chhattisgarh

2. Presiding OfÏcer, Labour Court, Rajnandgaon (M.P.) Now Chhattisgarh

3. Member, Judge Industrial Court, Chhattisgarh, Raipur, Chhattisgarh ---- Respondent For Petitioner Mr. Anup Majumdar, Advocate For Respondent /State Mr. K. Tripti Rao, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 29/3/2017

1. Heard.

IA No.01

2. This is an application for condonation of delay in filing the restoration application.

3. In view of the order passed by this Court in Smt. Jyoti Vs.

General Manager, Canara Bank (MCC No.591 of 2016) holding that the provisions of Limitation Act do not apply in the writ proceedings or in proceedings arising therefrom, there is no requirement of filing of application for condonation of delay. MCC No.239 of 2017

4. This is an application for restoration of WP No.2027 of 2006, which was dismissed for want of prosecution on 24.11.2016 along with other connected writ petitions.

5. On due consideration and for the reasons mentioned in the restoration application, it is allowed and WP No.2027 of 2006 is directed to be restored to its original number. Sd/- Judge (Prashant Kumar Mishra) Shyna