CONTINENTAL AUTO SERVICES Vs. SECRETARY-LABOUR AND ANR

JUDGEMENT

(1.) Cm No.25590/2017 (for restoration of Review Petition No.56/2015); CM No.25591/2017 (condonation of delay of 456 days in filing restoration application)

(2.) The writ petition was allowed by this Court on 23rd July, 2014. While relying on the decision of Apex Court in the case of All India Reserve Bank Employees Association vs. Reserve Bank of India, (1966) AIR SC 305, the respondent No.2/claimant was held not to be a workman. Hence, the impugned award dated 31st May, 2012 was set aside. The Review Petition No.56/2015 was filed by the respondent No.2/applicant along with the CM No.3158/2015 seeking condonation of delay in filing the review petition on which notice was issued to the writ petitioner/Management.

(3.) On 17th March, 2016, as none had appeared on behalf of the applicant/respondent No.2, the review petition as well as the CM No.3158/2015, were dismissed in default. Thereafter, the applicant/respondent No.2 filed two applications i.e. CM No.25590/2017, under Section 151 CPC for restoration of the review petition & CM No.25591/2017, under Section 5 of the Limitation Act for condonation of delay of 456 days in filing the restoration application inter alia on the following grounds: