MC 3695/2010 BEFORE HON’BLE THE CHIEF JUSTICE MR.MADAN B. LOKUR The challenge in this writ petition is to an order dated 22.7.2010 passe d by the Assistant Labour Commissioner and Controlling Authority under the Payme nt of Gratuity Act, 1972. As an interim measure, this Court had passed orders on 14.6.2002 directi ng the petitioner to deposit the gratuity benefits to the tune of Rs.2,94,785/- with the Assistant Labour Commissioner. Liberty was given to the dependents of t he 19 deceased workers to withdraw the amount after proper verification. Learned counsel for the petitioner says that the amount has since been d eposited and it has also been withdrawn by the dependents of 18 deceased workers (except one person Mr. Nijen Barman, who is still alive). The matter was taken up for consideration on 3.11.2010 when it was calle d twice, but there was no appearance on behalf of the petitioner. Accordingly, t he matter was dismissed for non-prosecution. This application has been filed for restoration of the writ petition. It is submitted that non-appearance of learned counsel for the petitioner was bona fide and due to a failure in not noticing the case in the cause list. Without going into the merits of the application for restoration, I am o f the view that since the amount has been disbursed to the dependents of the dec eased workers as far back as in the year 2002-2003, it would be inequitable to r equire the dependents of the deceased workers to appear and defend the matter an d incur expenses in this regard. Therefore, considering the nature of the case and the parties involved, who are dependents of deceased persons, I am not inclined to restore this writ p etition. However, it is made clear that if any similar order has been passed by t he Assistant Labour Commissioner in any other case, the petitioner would be at l iberty to challenge it, if so advised and in an appropriate case. This miscellaneous application stands disposed of.