- (1.) ALLOWED , subject to just exceptions. CM No.7756 -57/2011 (for restoration of the writ petition dismissed for non -prosecution on 25th March, 2010 and for condonation of 414 days delay in applying therefor).
(2.) THE respondent employer had not appeared inspite of the notice of the writ petition and the writ petition was being listed for hearing the counsel for the petitioner only when it was dismissed for non -prosecution on 25th March, 2010. In the circumstances, need is not felt to issue notice of these applications to the respondent employer. However, it is found that even though the matter was listed before this Court on 2nd September, 2008 after the respondent had failed to appear but the petitioners did not argue the writ petition and sought as many as seven adjournments for arguing on the writ petition and ultimately the writ petition was dismissed for non -prosecution as aforesaid. Though the said conduct of the petitioners itself disentitles the petitioners from any indulgence but to satisfy the judicial conscience, the paper book has been perused and the counsel for the petitioners has been heard on the writ petition also.
(3.) ACCORDINGLY these applications are allowed. W.P.(C) 17434 -35/2006;