1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 39 of 2021  Shailendra Kumar Verma S/o Shri Ram Krishna Verma, Aged About 46 Years S/o Shri Ram Krishna Verma C/o - Manohar Chandrakar, Chandrakar Paan Thela, Tulsipur Rajnandgaon District Rajnandgaon (C.G.) At Present R/o - Satyam Vihar Colony, Gali No. 4, Mahadeo Ghat Road Raipura District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus  The Branch Manager Bank Of Baroda, Keeka Bhai Complex G.E. Road Rajnandgaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Petitioner : Mr. F.S. Khare, Advocate For Respondent : Mr. Vinod Deshmukh, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 26-08-2025 1) By way of this petition, petitioner has sought following reliefs:- 10.1 That this Hon'ble court may kindly be pleased quash/set-aside the impugned order dated 12.10.2020 (P/1) passed by learned Tribunal and be pleased to direct the management to re-instate the petitioner with back wages. 10.2 That, in alternate if the Hon'ble Court deems fit and proper, kindly remit the case to 2 learned tribunal for decision afresh after providing opportunity of hearing, adducing oral & documentary evidence and cross examination of the witness. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner. 10.4 The Hon'ble Court may kindly be pleased to call for the records relating to the petitioner's matter as may deem fit and proper. 2) At the very outset, learned counsel for the respondent submits that though, Statement of Claim was filed by petitioner but he was proceeded ex-parte by the learned Central Government Industrial Tribunal -cum- Labour Court, Jabalpur vide order dated 28.09.2015 and ex-parte award was passed against him on 12.10.2020. He contends that according to the law laid down by the Hon’ble Supreme Court in the matter of Haryana Suraj Malting Limited Versus Phool Chand reported in (2018) 16 SCC 567, petitioner may approach the learned Tribunal for setting aside the ex-parte award. 3) At this stage, Mr. Khare seeks permission of this Court to withdraw this petition with liberty to approach the learned Tribunal with liberty to move application for setting aside ex-parte award. 4) Heard. 5) Considering the facts of the present case and the law laid down by the Apex Court in the matter of Phool Chand (supra), this petition stands dismissed as withdrawn reserving liberty in favor 3 of petitioner to prefer appropriate application before the learned Tribunal for setting aside ex-parte award. It is expected that if such application is moved, issue of limitation would be considered by the Tribunal taking lenient view as matter remained pending before this Court for considerable period. 6) Certified copy/ true copy be returned after retaining its Xerox copy. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya