1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LPA No. 59/2009 in Writ Petition No. 1275/2001 Madhya Pradesh State Road Transport Corporation and another Vs. Shambudayal Hemchand Nema ----------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's order Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------------ Coram : A.P. Lavande & P.D. Kode, JJ. Dated : 25th March, 2009. Heard Mr. Golwalkar, learned counsel for the appellants and Mr. Sonwane, learned counsel for the respondent. By this Letters Patent Appeal, the appellants take exception to the judgment and order dated 5th January, 2009 by learned Single Judge in Writ Petition No.1275/2001. It is the grievance of Mr. Golwalkar that the respondent did not participate in the proceedings for about 4½ years and as such there was no ground for setting aside the order passed by the Industrial Court. According to Mr. Golwalkar, learned Single Judge ought not to have set aside the order passed by the Industrial Court allowing revision application against the order passed by the Labour Court. Mr. Sonwane, learned counsel for the respondent supports the impugned judgment and order. Perusal of the impugned judgment and order discloses that learned Single Judge has set aside the order passed by the Industrial Court and restored the order passed by the Labour 2 Court thereby giving an opportunity to the respondent to lead evidence in support of his case. Since the effect of the impugned order is to advance the cause of justice, we are of the considered opinion that this is not a fit case in which the impugned order passed by the learned Single Judge deserves to be quashed and set aside. Having regard to the conduct of the respondent, we deem it appropriate to impose costs on the respondent while maintaining the order of learned Single Judge. We quantify the costs of Rs. 2500/- (Rs. Two thousand five hundred only). The costs shall be deposited before the Labour Court within a period of eight weeks with liberty to the appellant to withdraw the same. In case the costs are not deposited within the stipulated period, the Complaint shall stand dismissed. With the consent and at the request of learned counsel for the parties, time to dispose of Complaint filed by the respondent is extended till 30th September, 2009. The appeal is disposed of accordingly. JUDGE JUDGE Ambulkar.