C.G. Infrastructure Development Corporation v. Ranveer Singh Kushwaha

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (227) No.106 of 2009 C.G. Infrastructure Development Corporation, through its Divisional Manager, Bilaspur (CG) ---- Petitioner

Versus

1. Ranveer Singh Kushwaha S/o Shri Amar Singh Kushwaha, Aged about 48 years, Ex-Conductor, MPSRTC Gwalior (M.P.) R/o Village Ajnaar, Tahsil Lahar, District Bhind (M.P.)

2. State Industrial Court Chhattisgarh, Raipur (CG) Through its Registrar ---- Respondents For Petitioner :

Mr.Soumya Rai, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/06/2017

1. By the impugned order, the Industrial Court has reviewed its earlier order dated 22.3.2005 and thereafter restored the original appeal for hearing and disposal in accordance with law, against which, this writ petition has been filed.

2. Learned counsel for the petitioner would submit that the order is apparently illegal and bad in law as the application filed by respondent No.1 under Order 9 Rule 13 of the CPC has already been rejected.

3. I have heard learned counsel for the petitioner, considered his submission made hereinabove and also gone through the record with utmost circumspection.

4. The Industrial Court finding error apparent on the face of record has reviewed its earlier order dated 22.3.2005 and restored the appeal for hearing and disposal in accordance with law after elaborately considering the submissions of the parties, in which I do not find any jurisdictional error.

5. Accordingly, the writ petition is dismissed. However, the Industrial Court is directed to conclude the hearing of the appeal within a period of four months from the date of receipt of copy of this order after hearing both the parties and take a fresh decision. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge B/-