@JUDGMENTTAG-ORDER
Honourable Mr. Justice Ravi R. Tripathi
1. The present application was filed as back as on 28th September 2011 praying that,
10(A) This Hon''ble Court may be pleased to consider the grievance of the applicant and the workmen in question by providing requisite modifying/clarifying the order dt. 9.9.2011 and/or be please to recall the order dt. 9.9.2011 and be please to decide the petition on merits.
The matter was adjourned from time to time and during the pendency of this MCA certain orders were passed taking note of the development which had taken place between the parties. For example, on 10.02.2012, an order was passed, paras 2.0 and 3.0 of which read as under:
2.0 One Smt. Sudha Vilas Chaudhary is present before the Court and states that her husband has expired on 1st July 2009. A copy of Death Certificate is produced along with a tabular statement showing the details of the service of her husband late Shri Vilas Chaudhary. She prays that relief be given to her on the basis of the award of the Industrial Tribunal.
(Emphasis supplied)
3.0 Taking into consideration the peculiar facts of the case, it is expected that the learned advocate appearing for DGP Windsor India Ltd. will consider her request, without prejudice to the rights and contentions of DGP Windsor India Ltd. The application along with Death Certificate and the tabular statement is taken on record.
It is reported that the applicant (Smt. Sudha Vilash Chaudhary) was paid by DGP Windsor India Ltd.
2. On 20.04.2012, this Court passed an order, the relevant part of which reads as under:
Learned senior advocate Mr. S.I. Nanavati appearing with Ms. Anuja S. Nanavati submitted that the opponent-company has settled the matter with one Shri Pramodbhai Babulal Joshi so as to see that he gets his dues as per the settlement. A xerox copy of the settlement arrived at between the company and said Shri Pramodbhai Babulal Joshi is taken on record. Said Shri Pramodbhai Babulal Joshi is present in the Court and has produced his driving licence as proof of his identity. The driving licence is verified and returned to him.....
3. Similarly, on 22.06.2012, this Court passed the following order:
Learned advocate Mr. Saurabh Mehta places on record photo copy of agreement entered into with Manish Shantilal Patel. The same is taken on record. Said Manish Shantilal Patel is personally present in the Court and has handed over cheque to him.
4. Last, but not the least, on 13.07.2012, this Court has passed the following order:
Learned Advocate Mr. Saurabh Mehta places on record photo copy of agreement entered into with Narayan B. Gokhale. The same is taken on record. Said Narayan B. Gokhale is personal present in the Court and is handed over cheque to him.
Now today when the matter is called out, learned advocate Mr. K.K. Shah for the applicant states that despite his repeated phone calls, the applicant-union is not responding and therefore, he has sent a phonogram to his client on 05.09.2012 intimating that he is retiring from the matter. A copy of the same is placed on record. Taking into consideration the fact that the application was filed as back as on 28th September 2011, instead of adjourning the matter the matter is examined on merits. The Court finds that no case is made out for grant of relief as prayed for in this application. Hence this Misc. Civil Application is dismissed.
