LAWS(SC)-2009-4-181

STATE OF RAJASTHAN Vs. SHANKAR LAL

Decided On April 15, 2009
STATE OF RAJASTHAN Appellant
V/S
SHANKAR LAL Respondents

JUDGEMENT

(1.) This 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.

(2.) The 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.

(3.) Feeling 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 dismissed.