Steel Authority Of India Limited v. A Smt. Nisha Gajbhiye

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C.

No.

of 201 Steel Authority of India Limited, Through Managing Director, Bhilai Steel Plant, Bhilai, Distt. Durg (C.G.) ---- Petitioner

Versus

1. (a) Smt. Nisha Gajbhiye, W/o Late Shri Sunil Kumar Gajbhiye, Aged about 37 Years, (b) Ku. Diksha Gajbhiye, D/o Late Shri Sunil Kumar Gajbhiye, Aged about 16 years, through natural guardian Smt. Nisha Gajbhiya (Respondent No. 1a) (c) Smt. Shanti Bai, Mother of Late Shri Sunil Kumar Gajbhiye, Aged about 64 years, All Resident of Station Para, Ward No.10, Rajnandgaon, Distt. Rajnandgaon (C.G.)

2. Industrial Court, Chhattisgarh At Raipur

3. The Presiding Officer, Labour Court, Durg (C.G.) ---- Respondents For Petitioner : Shri Kashif Shakeel, Advocate For Respondents No.1(a) to 1(c) : Shri Alok Nigam, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board By / 01 /201 (1) Heard on I.A. No.1/2017, which is an application for condonation of delay in filing the M.C.C..

(2) On due consideration, I am satisfied that the petitioner has succeeded in explaining the cause of delay in filing the M.C.C. and, therefore, the application {I.A. No.1/2017} is allowed. Delay in filing the M.C.C. is condoned.

(3) Counsel for the petitioner is also heard on restoration petition.

(4) The petitioner is seeking restoration of Writ Petition No.872 of 2004 which was dismissed for want of prosecution vide order dated 02.11.2016. (5) On due consideration of the submissions of the learned counsel for the petitioner and the grounds taken in the restoration petition, I am satisfied that the absence of the petitioner's counsel on 02.11.2016 when W.P. No. 872 of 2004 was taken-up for hearing was based on bona fide grounds. (6) M.C.C. No. 19/2017, therefore, is allowed and W.P. No.872/2004 is restored to its original number subject to payment of cost of Rs.5,000/- payable to respondents No. 1(a) to 1(c) within a period of 15 days from today.

Sd/- (Sanjay K. Agrawal) Judge D/-