CHILD DEVE Vs. MAMTA SHARMA

JUDGEMENT

(1.) Theinstant misc. application has been filed by the State of Rajasthan seeking restoration of D.B. Civil Special Appeal (Writ) No.478/2013 which was dismissed by Division Bench of this Court on account of the fact that no one appeared to argue the case on behalf of the State on 12/5/2016 and also on 16/5/2016 on which date, the appeal was dismissed for non-prosecution.

(2.) The restoration application is delayed by 761 days. The explanation, which has been offered in the application under Sec. 5 of the Limitation Act for the gross delay in filing of the restoration application, is that the Additional Advocate General concerned was not aware regarding the passing of the order dtd. 16/5/2016 and thus, the restoration application could not be filed in time. We are of the firm view that this plea is totally frivolous and unacceptable. Ignorance of a proceeding taken in the Court can never be considered to be a ground for condoning the delay.

(3.) The Industrial Disputes Tribunal-cum- Labour Court, Jodhpur allowed the application of the respondent Smt. Mamta Sharma by Award dtd. 15/12/2011 and set aside her retrenchment from service as being contrary to the mandatory requirements of Sec. 25B of the Industrial Disputes Act. A direction was given to reinstate her services with 30% back-wages. The said order of the Industrial Disputes Tribunal was challenged by filing S.B. Civil Writ Petition No.6086/2012 which came to be dismissed vide order dtd. 18/9/2012 with the following observations: