Mess Committee, Konark Officers ... vs Prem Ram
2022 Latest Caselaw 8742 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No.10653/2012 Mess Committee, Konark Officers Mess

----Petitioner Versus Prem Ram & Anr.

                                                                ----Respondents


For Petitioner(s)        :     Mr. R.S. Saluja
For Respondent(s)        :     --


             HON'BLE MS. JUSTICE REKHA BORANA
                                    Order

05/07/2022

In S.B. Writ Misc Application No. 149/2021

The matter comes up on an application (I.A. No.1/2022) for

withdrawal of the miscellaneous application No.149/2021.

It has been submitted in the application that inadvertently

two applications for the same relief were filed by the counsel and

therefore, he seeks permission to withdraw one of them, that is,

No.149/2021.

Permission as prayed for is granted.

Accordingly, the application (I.A. No.1/2022) is allowed.

The miscellaneous application No.149/2021 is dismissed as

withdrawn.

In S.B. Civil Misc Application No.60/2020

Counsel for the respondents is directed to serve a copy of

the application No.60/2020 upon Mr. Mukesh Rajpurohit, ASG

regularly appearing on behalf of the respondent.

Mr. Mukesh Rajpurohit, ASG may complete his instructions.

(2 of 2)

List the matter on 22.07.2022 after showing the name of

Mr. Mukesh Rajpurohit, ASG in the cause list as counsel for the

respondent.

In S.B. Civil Writ Petition No.10653/2012

Vide order dated 15.04.2014, the application under Section

17-B of the Industrial Disputes Act, 1947 was decided by this

Court. However, the said order was assumed to be an order of

disposal of the writ petition itself and therefore, the Registry has

entered the writ petition to be disposed of on 15.04.2014.

Against the order dated 15.04.2014, a special appeal being

D.B. Civil Special Appeal (W) No.1035/2014 (Mess Committee,

Konark Officer's Mess Vs. Prem Ram & Anr.) was preferred by the

petitioner and the same was decided vide judgment dated

18.05.2016. While deciding the said appeal, it was specifically

observed by the Division Bench as under :

"The order impugned passed by the learned Single Judge shall be treated to be an order disposing of the application preferred by the respondent-workman under Section 17-B of the Act and not the writ petition. The order passed by the learned Single Judge shall stand modified accordingly and the writ petition shall stand restored to its original number."

In view of the above observations, it is clear that the present

writ petition ought to have been restored to its original number. It

seems that the same has not been complied with by the office till

date.

Let the writ petition be restored to its original number with

immediate effect.

(REKHA BORANA),J

4-AnilKC/-

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