BOKAJAN CEMENT CORPORATION EMPLOYEES UNION v. THE UNION OF INIDA
I.A.(Civil)/2018/2025 · 2025-07-18
Michael Zothankhuma
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 11305 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 11305 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010086002025
2025:GAU-AS:9298
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2018/2025 BOKAJAN CEMENT CORPORATION EMPLOYEES UNION BOKAJAN, P.O. BOKAJAN, DISTRICT KARBI ANGLONG, PIN 782490, BEING REPRESENTED BY ITS GENERAL SECRETARY, SHRI PRATAP BORAH, AGED ABOUT 74 YEARS, SON OF LATE PURNA CHANDRA BORA, RESIDENT OF BOARDING ROAD, WARD NO. 6, P.O. AND P.S. SIVASAGAR, 785640 VERSUS THE UNION OF INIDA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HEAVY INDUSTRIES, NEW DELHI 110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM LABOUR AND EMPLOYMENT JANATA BHAWAN DISPUR GUWAHATI 3:MANAGEMENT OF BOKAJAN CEMENT FACTORY A UNIT OF CEMENT CORPORATION OF INDIA LIMITED REPRESENTED BY ITS GENERAL MANAGER BOKAJAN DISTRICT KARBI ANGLON Advocate for the Petitioner : MR S R A NASER, MR S AHMED,S K SARFRAJ KARIM,MR G
Page No.# 2/3 ALAM Advocate for the Respondent : DY.S.G.I., SR, GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 19-07-2025 Heard Mr. A Chetry, learned counsel for the applicant, who submits that there is 149 days delay in filing the application for restoration of WP(C) 6958/2016, which had been dismissed for non-prosecution on 25.10.2024.
2. Mr. K Gogoi, learned CGC appearing for the respondents submits that he has got no objection to the delay being condoned.
3. The delay in filing the restoration application, as reflected in paragraph 4 of the application is due to the fact that the applicant/petitioner did not have any knowledge about the death of his engaged counsel, which had resulted in the fact that no one had appeared on behalf of the applicant/petitioner in the Court on 25.10.2024. As such, the writ petition, i.e., WP(C) 6958/2016 had been dismissed for non-prosecution
4. On considering that the ground for dismissal of the writ petition was due to the death of the applicant’s/petitioner’s counsel, this Court finds that sufficient cause for the delay has been made out for the delay of 149 days. Accordingly, the delay is condoned.
Page No.# 3/3
5. Interlocutory application is disposed of accordingly. JUDGE Comparing Assistant