State Of Rajasthan vs Lrs Of Ballu Khan
2021 Latest Caselaw 17903 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Writ Restoration No. 113/2021

1. State Of Rajasthan, Through Secretary, Public Works Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Superintendent Engineer, Public Works Department, Circle Ii, Bikaner (Raj.).

3. Executive Engineer, Public Works Department, Division Churu (Raj.).

4. The Assistant Engineer, Sub Division I And Ii Public Works Department, Churu (Raj.).

----Petitioners Versus

1. Ballu Khan (Deceased) through His Legal Representatives 1/1. Ayub Khan S/o Late Shri Ballu Khan, By Caste Kayamkhani, R/o Ward No. 17, Behind Lohiya College, Churu (Raj.).

1/2. Hasan Khan S/o Late Shri Ballu Khan, By Caste Kayamkhani, R/o Ward No. 17, Behind Lohiya College, Churu (Raj.).

1/3. Yusuf Khan S/o Late Shri Ballu Khan, By Caste Kayamkhani, R/o Ward No. 17, Behind Lohiya College, Churu (Raj.).

1/4. Nisar Khan S/o Late Shri Ballu Khan, By Caste Kayamkhani, R/o Ward No. 17, Behind Lohiya College, Churu (Raj.).

2. The Judge Labour Court And Industrial Tribunal, Bikaner (Raj.).

                                                                  ----Respondents


For Petitioner(s)         :     Mr. Anil Bachhawat





                                            (2 of 3)                 [WRES-113/2021]

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

29/11/2021

The matter comes up for consideration of restoration

application preferred on behalf of the petitioners with a

prayer to restore the SBCWP No.292/2002 to its original

number, which was dismissed pursuant to the order of

this Court dated 21.10.2016. The restoration application

is preferred by the petitioners on 12.9.2021 i.e. almost

after 21 years of passing of the award dated 11.10.2000

by the Labour Court, Bikaner.

Learned counsel for petitioners has submitted that

the State has preferred a restoration application

(151/2017) for restoring the SBCWP No.292/2002 in the

year 2017, however, the same was dismissed as

withdrawn by this Court while granting liberty to the

State to file an appropriate application.

It is noticed that the earlier restoration application

was dismissed as withdrawn by the order of this Court

dated 13.7.2017, however now, after passing of four

years of the order dated 13.7.2017, the present

restoration application has been filed. In the restoration

application, the reason for delay in filing the same has

been given that the applicants were under an impression

(3 of 3) [WRES-113/2021]

that the restoration application filed by them earlier in

the year 2017 is still pending.

I do not find the reason supplied by the applicants

for filing the restoration application with a delay as

convincing. Therefore, no case for restoration is made out

and the restoration application is dismissed.

(VIJAY BISHNOI),J

33-msrathore/-

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