PRADIP DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has served the respondents which had come back with the remark left. He had filed an affidavit-of- service showing service. The writ petition was dismissed for default on February 27, 1998. In the application for restoration sufficient ground has been made out. The writ petition is therefore restored to its original file and number after recalling the order dated February 27, 1998.

(2.) After having been restored it appears that the petition can be disposed of without prejudice to the rights and contentions of the parties and it will not affect the interest of the parties by reason of disposing of the writ petition in the manner following. Therefore, the writ petition is treated as on days list and is disposed of as hereafter.

(3.) The respondent No. 5 is a company being Tamralipta Co-operative Spinning Mills Ltd. The petitioner is alleged to have himself left the mill. Be that as it may the parties will not suffer any prejudice if the petition is disposed of in the absence of the respondents since it will get an opportunity to contest the claim of the workmen in appropriate proceedings. Despite service no one appears on behalf of the State.