1 W.P.No.1460/11 and other connected W.Ps. UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.1450 OF 2011. Shivaji S/o Bansilal Avhad, Age 38 years, Occ.Nil, R/o At post Shiv Chatrapati Nagar, N-12, E/F-39/1, HUDCO, Aurangabad. ... Petitioner. Versus M/s Bajaj Auto Limited, through its Assistant Manager, Personnel, Bajaj Nagar, MIDC, Waluj, Aurangabad. ... Respondent. ... WITH WRIT PETITION NO.1451 of 2011. Gopinath Gangadhar Gawali, Age 38 years, Occ.Nil, R/o At Post Sillod (Deogiri Nagari Patsanstha), Tq.Sillod, Dist.Aurangabad. ... Petitioner. Versus M/s Bajaj Auto Limited, through its Assistant Manager, Personnel, Bajaj Nagar, MIDC, Waluj, Aurangabad. ... Respondent. 2 W.P.No.1460/11 and other connected W.Ps. WITH WRIT PETITION NO.1453 OF 2011 Ramesh S/o Narayan Hiwale, Age 38 years, Occ.Nil, R/o Gajagaon, Tq. Gangapur, Dist. Aurangabad. ... Petitioner. Versus M/s Bajaj Auto Limited, through its Assistant Manager, Personnel, Bajaj Nagar, MIDC, Waluj, Aurangabad. ... Respondent. WITH WRIT PETITION NO.1454 OF 2011 Santosh S/o Rangnath Pawar, Age 34 years, Occ.Nil, R/o At Post Jatwa, Post Andhari, Tq.Phulambri, Dist.Aurangabad... Petitioner. Versus M/s Bajaj Auto Limited, through its Assistant Manager, Personnel, Bajaj Nagar, MIDC, Waluj, Aurangabad. ... Respondent. WITH WRIT PETITION NO.1455 OF 2011 Santosh S/o Sheshrao Zagale, Age 36 years, Occ.Nil, R/o Jin No.2, Post Pusad, Dist. Yeotmal. ... Petitioner. Versus 3 W.P.No.1460/11 and other connected W.Ps. M/s Bajaj Auto Limited, through its Assistant Manager, Personnel, Bajaj Nagar, MIDC, Waluj, Aurangabad. ... Respondent. WITH WRIT PETITION NO.1456 OF 2011 Chandrakant S/o Dashrath Badhane, Age 37 years, Occ.Nil, R/o At Post Borkhund Tq. & Post Dhule. ... Petitioner. Versus M/s Bajaj Auto Limited, through its Assistant Manager, Personnel, Bajaj Nagar, MIDC, Waluj, Aurangabad. ... Respondent. WITH WRIT PETITION NO.1457 OF 2011 Atmaram S/o Krishna Dhole, Age 36 years, Occ.Nil, R/o At Post Piloda, Tq. Shirpur, Post Andhari, Dist.Dhule. ... Petitioner. Versus M/s Bajaj Auto Limited, through its Assistant Manager, Personnel, Bajaj Nagar, MIDC, Waluj, Aurangabad. ... Respondent. WITH WRIT PETITION NO.1459 OF 2011 Manik S/o Sadashiv Jadhav, Age 37 years, Occ.Nil, 4 W.P.No.1460/11 and other connected W.Ps. R/o Savitribai Fule Nagar, Himayatbag, Behind Udhavrao Patil School, Aurangabad. ... Petitioner. Versus M/s Bajaj Auto Limited, through its Assistant Manager, Personnel, Bajaj Nagar, MIDC, Waluj, Aurangabad. ... Respondent. WITH WRIT PETITION NO.1460 OF 2011 Rajendra S/o Dnyaneshwar Dhandge, Age 36 years,Occ.Nil, R/o Navtal, Post Maheshpur, Tq.Bhatukali, Dist.Amrawati. ... Petitioner. Versus M/s Bajaj Auto Limited, through its Assistant Manager, Personnel, Bajaj Nagar, MIDC, Waluj, Aurangabad. ... Respondent. ... Mr.H.I.Pathan, advocate for the petitioners. Mr.R.V.Ghuge, advocate for the Respondent. ... CORAM : S.V.GANGAPURWALA,J. Date : 16.06.2011. 5 W.P.No.1460/11 and other connected W.Ps. ORAL JUDGMENT : 1. Heard. 2. Rule. Rule made returnable forthwith. With the consent of the parties, the petitions are taken up for final hearing. 3. The present petitions are filed against the order passed by the Member, Industrial Court, Aurangabad, on 14.12.2010, rejecting application for restoration of the complaints which were dismissed in default. 4. The petitioners had filed complaints alleging unfair labour practice. The matter was pending for evidence. The petitioners did not appear and as such the Member, Industrial Court, dismissed the ULP filed by the present petitioners. 5. Mr.Pathan, learned counsel for the petitioners submits that the petitioners could not keep in touch with the learned advocate 6 W.P.No.1460/11 and other connected W.Ps. representing them. The advocate of the petitioners had sent letter on the address given to him but as the petitioners had left Aurangabad in search of job, the same could not be received by them. As such due to communication gap, the petitioners could not remain present and adduce evidence. Immediately on getting the knowledge of dismissal of complaint, the petitioners have filed the instant applications for restoration. According to the learned counsel, the Court below has taken a very technical approach. Mr. Pathan, submits that in fact, while rejecting the applications for restoration, the learned Judge, has dilated on the merits of the matter. 6. Mr.Ghuge, learned counsel for the Respondent strenuously opposes the petition and submits that the petitioners were negligent and not diligent in prosecuting the matters. The petitioners did not adduce the evidence, as such the Industrial Court had no option but to dismiss the complaints. The law would help the diligent and not the dormants. The learned counsel further contended that the reasons spelt out by 7 W.P.No.1460/11 and other connected W.Ps. the petitioner in the application can not be digested. 7. It is a trite law that while dealing with an application for restoration, the merits of the main complaint should not be considered. The cause shown for restoration has only to be considered. Whenever technical considerations and cause for substantial justice are pitted against each other, the cause for substantial justice should be sub-served. The petitioners were workers. There is no reason to disbelieve the statement of the petitioners in the application that they had left Aurangabad in search of job. 8. For the above reasons, I am inclined to set aside the order impugned and allow the applications filed by the petitioners for restoration of their complaints on payment of costs of Rs.1,000/- (Rupees one thousand) by each petitioner. 9. In the result, the Writ Petitions are 8 W.P.No.1460/11 and other connected W.Ps. allowed. Rule made absolute in terms of prayer clause (B) on condition that each of the petitioners deposit costs of Rs.1,000/- (Rupees one thousand) within a period of four (4) weeks from today. Upon the cost being deposited ULP complaints be restored to its original position. The cost deposited by the petitioners shall be remitted to the Respondent. (S.V.GANGAPURWALA,J.) asp/office/