IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1557 of 2009 Management Of D.A.V. Public School Urbarak Nagar, P S- Urbarak Nagar, Barauni, District-Begusarai through its constituted attorney Shri M L Zama . Versus 1. The State of Bihar. 2. Shri Shobha Kant Mishra, son of Shri Jagdish Mishra, resident of village – Parna, P.S. Nima Chand Pura, District – Begusarai. ----------- 05. 17.8.2011 The award was passed in favour of opposite party No.2, who was a dismissed employee, in the year 1996. The High Court admitted the writ application in the year 1998 with an interim order saying that the reinstatement part of the award will not be enforced. When the matter was taken up for hearing in the year 2008, i.e. after 10 years, there was none to represent the petitioner in the writ application. Court was compelled to dismiss the writ on the ground of non-prosecution on 5.12.2008. Now a restoration application has been filed and pressed after many years. The reason or ground being taken does not impress the Court as the whole effort of the management is to defeat or rob the workman the fruits of the award in his life time. The Court therefore is not inclined to allow the restoration of the writ application because the workman has already lost 11 years of his valuable right and restoration of the writ application would mean that the matter can only be heard and decided after he superannuates. The ground for restoration of the writ application is not bonafide. The restoration application is dismissed. rkp ( Ajay Kumar Tripathi, J.)