State of Rajasthan Vs.
Shankar Lal  INSC 767 (15 April 2009)
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Special Leave Petition (C)
No. 19550 of 2007 State of Rajasthan ...Petitioner Versus Shankar Lal
Special Leave Petition is directed against an order passed by a Division Bench
of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur rejecting
the application for restoration filed at the instance of the petitioner on the
ground that the petitioner had failed to show any sufficient cause for condoning
the delay in filing the writ appeal.
respondent raised a dispute regarding his termination before a Conciliation
Officer at Rajasthan by application dated 13th of September, 1998. The dispute
was referred to the Labour Court for consideration. The Labour Court, by its
order dated 26th of June, 2000, directed reinstatement of the respondent No. 1
but not granted back wages from 30th of May, 1983 to 13th of September, 1993,
but granted 30% back wages from 13th of September, 1993.
aggrieved by the order of the Labour Court, the petitioner filed a writ
petition before the Division Bench of the High Court of Rajasthan. The Division
Bench of the High Court, by an order dated 18th of October, 2004, directed the
petitioner to remove the defects in filing the appeal within one week from that
date, failing which, the appeal shall stand dismissed. Admittedly, the defects
were not removed by the petitioner and accordingly, the special appeal stood
restoration of the writ appeal, the application was filed by the petitioner
along with an application for condonation of delay and the High Court, by the
impugned order, rejected the same.
have heard the learned counsel for the parties and examined the impugned order
as well as the application for restoration and the cause shown by the
petitioner for not complying with the directions of the High Court, which
directed him to remove the defects indicated in the order dated 18th of
October, 2004 and also the application for condonation of delay in filing the
the fact that the poor workman, for not fault of his, could not get the fruit
of the contested award passed in his favour and, in our view, the reasons given
for restoration of the appeal were not satisfactory and considering the
findings made in the impugned order that the State-appellant had unnecessary
dragged the matter, we are of the view that the impugned order, holding that no
sufficient cause was shown for restoration of the appeal, cannot be disturbed
and therefore, we do not find any ground to interfere with the same.
this Special Leave Petition is dismissed.
There will be no
order as to costs.
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