CMPMO No. 671/2009 25.06.2010 Present: Mr. Dinesh Bhanot, Advocate, for the petitioner. Mr. Rahul Mahajan, Advocate, for the respondents. In terms of impugned order dated 3.11.2009 petitioner’s application for restoration of the reference petition which was filed before the Labour Court, Shimla stands rejected. There is no dispute that the reference petition was dismissed in default on 26.11.2007. Application for restoration thereof was filed on 3.5.2008. Learned counsel for the petitioner had filed this application by filing his personal affidavit without even informing the petitioner. It is urged that the learned counsel also did not have the Vakalatnama in his favour. The fact of the matter however is that the learned counsel had appeared in the matter on behalf of the petitioner and his authority had not been disputed. However the fact of the matter is that the petitioner should not suffer due to the steps taken by his learned counsel of which he was not even aware. Petitioner had entrusted the brief to the learned counsel who had been allegedly engaged to pursue the matter on behalf of the petitioner. In this view of the matter the impugned order dated 3.11.2009 dismissing the petitioner’s application for restoration cannot be said to be passed in accordance with law. Application for restoration of the reference petition is allowed. Reference Petition is restored to its original position. The parties are directed to appear before the Presiding Judge, Labour Court, Shimla on 19.7.2010. Records be immediately sent back. ( Sanjay Karol ), Judge. June 25, 2010 (rana)