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Judgment
Deepak Roshan, J
Heard learned counsel for the parties.
The instant application has been preferred by the petitioner for quashing and setting aside the order dated 30.08.2024, passed in I.D. Case No. 02 of 2021, by learned Presiding Officer, Labour Court, Jamshedpur, whereby the learned Labour Court has dismissed the said I.D. Case on the ground that workman has no interest to proceed this case furthermore.
From para-13 of the writ application it appears that the Advocate of petitioner has stopped taking any steps in the I.D. Case No. 02 of 2021 from 21.05.2024 onwards due to which vide order dated 30.08.2024, the case was dismissed for non- prosecution.
From the pleadings, it further transpires that the said I.D. Case was filed under Section 2A(2) of the Industrial Disputes Act, 1947 and the respondent-Management has also appeared and filed its written statement on 30.09.2022; however, since the case has not been decided on merit and the petitioner is a workman, interest of justice would suffice by quashing the order dated 30.08.2024.
Mr. Manish Mishra, learned counsel for the respondent submits that petitioner should have filed restoration application before the concerned Labour Court.
The said contention would hardly make much difference for the reason that after restoration also the case will be restored or if not restored it will further enlarge the litigation.
Having regard to the aforesaid submissions, the order dated 30.08.2024, passed in I.D. Case No. 02 of 2021, is hereby, quashed and set aside.
Accordingly, the instant application is pertly allowed. The matter is remitted to the learned Presiding Officer, Labour Court, Jamshedpur with a direction to dispose of the said I.D. Case on merit.
However, it is made clear that the workman shall not take any unnecessary adjournment.