J K SYNTHETICS LTD Vs. LABOUR COURT

JUDGEMENT

(1.) Heard on the restoration application.

(2.) Learned Counsel submits that petition was listed at No.46 in the cause list on 09.08.2012, but due to fault of his office clerk, it was mentioned at item no.138 in the list prepared for the counsel. He could not appear at time of hearing and petition was decided on merit. In view of the aforesaid, writ petition may be restored to its original number and be heard again. He has given reference of various judgments of Hon'ble Apex Court and of this court to show that even a restoration application is maintainable against final judgment.

(3.) Learned counsel for non-petitioner opposed the prayer for restoration. It is submitted that writ petition was not dismissed in default, but has been decided on its merit thus restoration application is not maintainable. If petitioner is at all aggrieved by the judgment, he could have maintained review petition or preferred a special appeal before Division Bench.