Cgit award
Case brief
What is this about?
The Tribunal allowed the appellant's application for restoration of an appointment, imposing a cost of Rs. 2,000/- due to negligent non-appearance. Multiple other pending appeals were adjourned for filing replies, final arguments, or cross-notice issuance based on counsel requests, and some were listed together for unified hearing.
What did the court decide?
Restoration of appeal allowed subject to deposit of Rs. 2,000/- with the Registrar within one week.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, No. 1 DELHI
Item No. 1
D-1/15/2023
M/s Mobiloitte Technologies India Pvt. Ltd. vs. APFC/RPFC, Delhi (East).
Present: Sh. Mohit Chaudhary, Ld. Counsel for the appellant. Sh. B.B. Pradhan, Ld. Counsel along with Sh. Deepak Kumar, AR for the respondent.
Order dated-22.09.2025
Appellant’s counsel has pressed two applications. First application filed for restoration of the appeal and the other is for substitution of AR. Now come to the first application which has been filed by the appellant for restoration of the appeal which was resulted into dismissal on 19.08.2025. Counsel of the appellant stated that he remained absent on 21.08.2025 because he was pre-occupied in Rohini & Tis Hazari Court. Thereafter, he had noted the wrong date i.e. 21.09.2025 instead of 21.08.2025. For this, he has placed on record the diary maintained by him in respect of the cases listed on the particular dates. His further case is that he has received the notice of dismissal from his client on 11.09.2025 only and he has prepared this application forthwith. He also submits that prior to 1.05.2025; he has been regularly appearing in the present case.
Respondent has left the matter into the discretion of this Tribunal.
Issues for consideration
2 issues framed by the court
Whether an absent counsel can be granted restoration of an appeal dismissed due to non-appearance on ground of court pre-occupation subject to payment of costs.
Whether a case can be adjourned for filing of reply when counsel seeks additional time.
Parties & counsel
- appellant
M/s Mobiloitte Technologies India Pvt. Ltd.
- appellant
M/s Pooja Marbles
- appellant
M/s Deepak Flat Owners Association
- appellant
M/s Delhi Telecom Services
- appellant
M/s Emsons Chain Ltd.
- appellant
Case details
As recorded by the court registry
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