KILLICK NIXON LTD. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has filed an application to recall the order dated 4th Dec., 19991 whereby and whereunder the writ petition was dismissed for default.

(2.) The petitioner has filed the original writ petition challenging the award passed by the Learned 5th Industrial Tribunal, West Bengal on 4th July, 1991. At the time of filing of the application the petitioner had prayed for an interlocutory order and he was directed to pay to the private respondents at the rate of Rs. 800.00 per month from that date of application till the date of disposal of the writ petition. It has been submitted by the petitioner that in terms of the order the petitioner has been regularly paying Rs. 800.00 to the respondent No. 3. The petitioner, however, has stated to have contacted its lawyer in the first week of June, 1999 to ascertain the actual position of the matter and to take steps immediately. But the learned Advocate of the petitioner did not supply the necessary information to the company as a result of which it had to engage another lawyer for conducting this case.

(3.) The ground for recall of the dismissal order is that although the matter appeared in the peremptory list on 4th Dec., 1991 but it was wrongly printed in the cause list. Therefore, the petitioner's advocate could not take proper steps. The correct No. of the case being 2738 of 1991 but it was printed 278 of 1991. Therefore, the learned Advocate previously appearing for the petitioner could not take any steps.