Megha 27_wp_16166_2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16166 OF 2025 Smt. Anjali Mayavanshi ...Petitioner V/s. Rushi Mehara ...Respondent ________________ Mr. Anshuman R. Asare (through vc) for the Petitioner. Mr. Varun Joshi (through vc) with Mr. Rishabh N. Chaurasai with Mr. Pranit Pawar i/b. Mr. Chetan Alai for the Respondent. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 20 AUGUST 2026. P.C.: 1) The Petition challenges order dated 28 April 2025 passed by the learned Presiding Officer, First Labour Court, Pune, rejecting the Application for restoration of the Reference, which was dismissed for non-prosecution. 2) I have heard Mr. Asare, the learned counsel appearing for the Petitioner through Legal Aid and Mr. Joshi, the learned counsel appearing for the Respondent. Page No. 1 of 2 20 August 2026 2026:BHC-AS:34472 Megha 27_wp_16166_2025 3) Perusal of the impugned order passed by the Labour Court would indicate that medical certificates were produced by the Petitioner to justify non-attendance on the dates of hearing. However, instead of accepting the correctness of those medical records, the learned Labour Court has expected the Petitioner to examine the treating Doctor. Such kind of approach by the learned Judge of the Labour Court is not appreciated. Restoration of the proceedings, which are dismissed for want of prosecution is mainly the discretion of the Court. So long as some cause is demonstrated, the Court can exercise the discretionary jurisdiction and grant an opportunity to the litigant to prosecute the litigation on merit. Expecting that the treating Doctor must appear before the Labour Court and lead evidence of treatment given for the ailment is clearly unwarranted. The impugned order passed by the learned Judge of the Labour Court is clearly unsustainable and liable to be set aside. 4) The Petition accordingly succeeds. Order dated 28 April 2025 passed by the Labour Court is set aside. Reference (IDA) No.403 of 2018 is restored on the file of the Labour Court, which shall be proceeded to decide the same on its own merits. 5) Writ Petition is allowed and disposed of in above terms. There shall be no order as to costs. [SANDEEP V. MARNE, J.] Page No. 2 of 2 20 August 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 21/08/2026 11:04:23