IE a. lN THE HIGH COURT OF SIKKIM ORDEF] SHEET Writ petition (Civil) .Qpgfy...S.he Versus State of Sikkim & Others iiii No. 31 of 2005 ;edrfunek I PavJf uw Bespondent s i Order with Signature Off ice Note as to action (if any) taken on Order I. 26.07.2005 Heard Mr. 8. Sharma, learned Senior Counsel assisted by Mr. J. K. Kharka, learned counsel for the petitioner. Also heard Mr. J. 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 Cover.nment .Gazette -;'.-I.:- 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 . c,. -{`. lalo' Dateof Orderwit!i signature ` aoc:{jocnetTfoat:.y¥tg® ]er Order taken on Order 8.2005- ` decisions of different High Courts including the i ,, Gauhati High Court, an.d, as such, this Court shall ` _r-` - make an endeavour to dispose of this case finally on its own merit on 03.08.2005. In the meantime, the respondent - Government is at liberty to file counter-affidavit, if so advised, and the learned a Government Advocate is also at liberty to obtain instructionsinthematter. ` , , d ' N. - ( N. surictmQwi singh ) Chief dustiee (Acfrog) I_ If. Subba ) *ed.g§_ ; Heard Mr. a. Sharma, learned Senior Counsel assisted by nd'r. 8. Pokhrel and Ms. Binita Sharma, learned counsel for the petitioner. Also heard Mr. S. P. Wangdi, leaned Advocate General assisted by Mr. J. 8. Pradhan, leaned Goveininent Advocate and Mr. Karma Thinlay, leaned 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 file cou nter-affidavit. ` \ rl. { N. surfemd;it:E5ingh ) Cfuief 3ustide (Actina\ I(A.Prmbba ) -e. .-; ,L.. Order with Signature Off ice Note as to action (if any) taken on Order 05.09.ZOO Heard Mr. 8. Sharma, learned senior counsel assisted by Miss Recta Sharma, lerned 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. I_ hearing the leaned counsel appearing for the parties at some length, Mr. Sharma, learned senior counsel in his usual frankness submitted that the petitioner desires to withdra.w 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 mrfude by the petitioner is reasonable and, accordingly, jtiis closed on withdrawal with liberty to the writ petition¥ to approach the I appropriate forum for arbitration. :-:_-so:±#