M/S. Steel Authority Of India Ltd. v. The State Of W.B.

06.07.2023 06.07.2023 Ct. No.41 b.das WPA 3054 of 2001 + CAN 1 of 2023 Ms. Chhabi Chakraborty ...for the applicant.

Affidavit of service filed by the applicant is taken on record.

The applicant, Steel Authority of India Ltd. has filed the present application being CAN 1 of 2023 praying for recalling of the order passed by this Court on 8.12.2022 wherein this Court has dismissed WPA 3054 of 2001 for default.

Learned counsel appearing for the applicant submits that the applicant could not appear before this Court on that date as she was suffering from acute respiratory trouble and she was not attending the Court from the month of November, 2022 till December, 2022.

When the matter was taken up for hearing, it is found that the petitioner has filed the present writ application challenging the order passed by the Industrial Tribunal at Durgapur dated 15th September, 2000 wherein the learned Tribunal has disposed of the reference by holding that the termination of the workman was unjustified and directed to reinstate the workman with all back wages and was allowed to join the service.

Today, at the time of hearing of the application this Court enquire about the present status of the private respondent, the learned counsel for the applicant submits that in terms of the order passed by the learned Tribunal dated 15th September, 2000 service of the private respondent was revoked and she had already been superannuated from her service.

Considering the submission made by the applicant, this Court found that as the private respondent No.3 had already been superannuated from the service, if at the stage the writ application is restored no purpose would be served and thus the application being CAN 1 of 2023 is dismissed.

(Krishna Rao, J.)