Madhya Pradesh High Court
MCC/216/2024 of SUBHASH SHUKLA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSALON THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 216 of 2024
BETWEEN:-
SUBHASH SHUKLA S/O JAGDEO PRASAD SHUKLA,AGED ABOUT 47 YEARS, JHUGGI NO. 196 BHIM NAGARBHOPAL R/O AMAIHA BEHIND GALLA MANDI POLICESTATION CIVIL LINE REWA DISTRICT REWA (MADHYAPRADESH)
(BY SHRI K.S. THAKUR - ADVOCATE)
.....APPLICANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHTHE SECRETARY LABOUR DEPARTMENTVALLABH BHAWAN MANTRALAYA BHOPAL(MADHYA PRADESH)THE SECRETARY LABOUR DEPARTMENTVALLABH BHAWAN MANTRALAYA BHOPAL(MADHYA PRADESH)
2.THE LABOUR COMMISSIONER MADHYAPRADESH GOVT. INDORE DISTRICT INDORE(MADHYA PRADESH)PRADESH GOVT. INDORE DISTRICT INDORE(MADHYA PRADESH)
3.SHRI P.N. TIWARI LABOUR OFFICER OFFICE OFTHE LABOUR OFFICER DISTRICT OFFICE REWA(MADHYA PRADESH)THE LABOUR OFFICER DISTRICT OFFICE REWA(MADHYA PRADESH)
4.ASSTT. LABOUR COMMISSIONER SATNA (REWA)DIVISION SATNA (MADHYA PRADESH)DIVISION SATNA (MADHYA PRADESH)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard on I.A. No.1295/2024, which is an application under Section 5 of the Limitation Act for condonation of delay.
2. Registry has reported this MCC to be barred by 183 days.
3. For the reasons mentioned in the application, which is supported by anaffidavit of the applicant, there is sufficient cause for condoning the delay infiling of the M.C.C. As such, delay in filing the M.C.C. is hereby condonedand I.A. No.1295/2024 is allowed/closed.
4. Heard on the question of admission.
5. The present application has been filed for restoration ofW.P.No.24522/2003, which was dismissed for want of prosecution vide order dated 19.06.2023.
6. Considering the averments made in the application, this Court finds thatsufficient cause is shown for restoration of the writ petition. Accordingly, MCC
is allowed.
7. W.P.No.24522/2003 is restored to its original number subject to payment ofcost of Rs.2,000/- (Rupees Two thousand) within a period of 7 working dayspayable to the State Legal Services Authority, Jabalpur.
8 . The payment of cost of Rs.2,000/- shall be a condition precedent for restoration of W.P.No.24522/2003.
9. Pending application(s), if any, shall stand disposed off
10. A copy of this order be kept in the file of W.P.No.24522/2003.
ss
(DWARKA DHISH BANSAL)JUDGE