.T, / #iQ_ I. a6.07.20 lN THE HIGH COURT OF SIKKIM OFZDEFt SHEET WRIT PETITION (CIVII.) Tanding Dcptapa No. 32 of 2005 ;edriNfyneIT I prf rpgrEN Versus ( .... Std.te..Q€..§i]cklm.&...Qtb®r.a ......... F}espondent e ( Order with Signature Heard Mr. 8. Sharma., learned Senior Counsel assisted by Mr. J. K. Kharka, learned counsel for the petitioner. Also heard Mr. LJ. a. Pradhan, learned Government Advocate assisted by Mr. Karma Thinlay, learned Assistant Government Advocate. for the State - respondents. It is submitted at the Bar by Mr. Sharma, learned Senior Counsel, that the bill so far submitted 'by the petitioner had already been duly accepted by the authority concerned, and apart from that, the case of the petitioner is genuine, inasmuch as, he is entitled to get the extra labour charge for high altitude as contained in the related bill in terms of the related Government Notification published in the Sikkim Government Garette Extraordinary dated 07.01.2004. We have perused it. It appears to us that this matter can be disposed finally on its own merit on the next date in view of the decisions of the Apex Court as well as the t'. Ot{ice Note as to action (if any) taken on Order -,- ial Date Order with Signature Office Note a-s to J` of of action (if any) 'er2. Order taken on Order .d8.2oo5 decisions of differ:nt High Courts including the +T_r~` Gauhati High Court, and, as such, this Court shall make an :ndeavour to dispose of this case rinally on its own merit on b3:0§.2bd5. In the meantime, the respond;nt - Government is at liberty to file counter-affidavit, if so advised, and the learned Government Advocate is also at liberty to obtain instructions in the matter. N.SNu;j## C__fuS_e_fJfuLstice(ihetinal Tdr ( A. P. Subba ) -e Heard Mr. 8. Sharma, learned Senior Counsel assisted by Mr. a. Pokhrel and Ms.' Binita Sharma, learned counsel for the petitioner. Also heard Mr. S. P. Wangdi, learned Advocate General assisted by Mr. J. a. Pradhan, learned Government Advocate and Mr. Karma hinlay, learned Assistant Government Advocate for the State - respondents. List this case on 5.9.2005 for necessary orders. In the meantime, the State - respondents are allowed to rile counter-affidavit..-. tJ, ( N. sNItih~nd sing5T C€hfs2£ih!±±SkieelActinal(A.p:`E5thha) fudge At/ a, ` serial ' Date Order with Signature Office Note as to No. of of action (if any) Order Order taken on Order 3. 5.09.BOO Heard Mr. 8. Sharma, learned senior counsel assisted by Miss Recta Sharma, lemed counsel for the petitioner. Also heard Mr. S. P. Wangdi, learned Advocate General assisted by Mr. J. 8. Pradhan and Mr. Karma Thinlay, learned Government Advocates for the State -respondents. Lapn+`.hearing the learned counsel appearing for the parties at some length, Mr. Sharma, learned senior counsel in his usual frankness submitted that the petitioner desires to withdraw the writ petition with liberty to approach the appropriate forum for arbitration in terms of the related work order. In our considered view, the prayer ggEe by the petitioner is reasonable and, accordingly, # jsLclosed on withdrawal with liberty to the writ, petitioner to approach the appropriate forum for arbltration. 4 \ , \ N. 1111111111111111111- ( N. Sutiamdy;nd Singh ) Chief Jhasailee tAct:€na) ur TP. Ssutbba ) -e