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Supreme Court of India · body

1987 DIGILAW 244 (SC)

Mithanlal v. Labour Commissioner

1987-02-18

A.P.SEN, V.BALAKRISHNA ERADI

body1987
(1) THE sole point urged in this special leave petition is that the petitioner was not given a hearing and the High court proceeded ex parte in the absence of his counsel and quashed the order of the Labour court directing his reinstatement. We are afraid, the petitioner is not right in contending that the judgment of the High court was ex parte since he had appeared through counsel and also filed his return. Unfortunately, it seems that the petitioner was not represented by his counsel at the hearing before the learned Single Judge (Talwar, J.). For whatever reason the advocate might have absented himself at the hearing, the fact remains that the petitioner was not heard by the learned Single Judge. In somewhat similar circumstances this court in Rafiq v. Munshilal directed the rehearing of a writ petition. (2) WE accordingly grant leave, set aside the judgment of the High court and remit the writ petition for disposal afresh after notice to the parties. The High court will try to dispose of the case as early as possible. There will be stay of reinstatement in the meanwhile.