THE HONOURABLE SRI JUSTICE N.V.RAMANA Writ Petition No.13786 of 2006 Dated:21st July, 2006 Between: G.Narsimha. …..PETITIONER AND The Depot Manager, A.P.S.R.T.C., Hyderabad – II Depot, Hyderabad & 2 others. ….RESPONDENTS THE HONOURABLE SRI JUSTICE N.V.RAMANA W.P.No.13786 of 2006 ORDER: This writ petition is filed seeking to declare the action of the 3rd respondent in passing the order dated 3-6-2002 rejecting the application in I.A.No.399 of 2001 filed to condone the delay of 429 days in filing the petition to set aside the dismissal order passed in I.D.No.32 of 1998, on the file of the Presiding Officer, Labour Court, Hyderabad as illegal and arbitrary, and consequently to direct the respondent No.3 to restore to his file the said I.D. and dispose of the same on merits. The petitioner is a casual driver in the respondent corporation. The respondent No.1 issued charge sheet on 15-7-1991 to the petitioner on the ground that on 20-6-1991 he drove the bus bearing No.AAZ-9307 in a rash and negligent manner, which caused fatal death of one Dana Mallaiah. Subsequently, by proceedings dated 28-12-1991 petitioner was removed from service, against which appeal preferred before the Divisional Manager was also dismissed on 1-6-1994. As his case was not considered by the respondents for reinstatement petitioner preferred I.D.No.32 of 1998, on the file of the 3rd respondent herein. The I.D. was dismissed for default on 3-3-1999. Petitioner filed I.A.No.399 of 2001 to condone the delay of 429 days in filing the petition to set aside the dismissal order passed in I.D.No.32 of 1998, which was dismissed, which is the subject matter of the writ petition. Heard the learned Standing counsel for A.P.S.R.T.C and perused the affidavit filed in support of the writ petition. In the affidavit the petitioner stated that his counsel has advised him not to come to the court on every date, as there is no necessity, and for that reason he could not attend the court on 3.3-1999. As his counsel has not appeared on 3-3-1999 the 3rd respondent dismissed the I.D.No.32 of 1998 for default and the same was published on 7-6-1999. Petitioner on coming to know about the dismissal order filed the above said I.A. seeking to condone the delay of 429 days in filing the petition to set aside the dismissal order, which was dismissed. The petitioner after coming to know about the rejection of the application due to mental worry fell sick on 31-12-2002 and took treatment continuously up to 31-12-2005 from one Dr.N.Bhavaneswari, Civil Assistant Surgeon, Gandhi Hospital, Secunderabad, which certificate is filed before this court. Though the delay of 429 days in filing the petition to set aide the dismissal order dated 3-3-1999 is not satisfactorily explained, it is seen from the affidavit that the petitioner, worried of rejection of the above said I.A has fell sick and took treatment till 31-12-2005 and as he has no financial means has not approached this Court immediately. The labour Court instead of dismissing I.A.No.399 of 2001 ought to have allowed and condoned the delay and adjudicated the I.D.32 of 1998 on merits, which was dismissed for default on 3-3-2999. In the circumstances, I think it proper to pass the order as under: Accordingly, the writ petition is allowed. The order dated 3-3-1999 dismissing I.D.No.32 of 1998 for default by the 3rd respondent/Presiding Officer, Labour Court, Hyderabad is set aside and the I.D. is restored to file. The 3rd respondent/Presiding Officer, Labour Court, Hyderabad is directed to dispose of the I.D.No.32 of 1998 on merits, expeditiously, after giving liberty to the parties to put- forth their pleas. No cost. ___________________ (N.V. RAMANA, J.) Date:21st July, 2006. GRK