UOI vs BRIJENDRA KUMAR SHARMA & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 05.12.2025 Pronounced on: 26.02.2026 + W.P.(C) 23584/2005, CM.APPL. 52849/2025 (stay) UOI .....Petitioner Through: Mr. Puneet Dhawan, SPC for UOI with Mr. Meet Nathani, Exe. Engineer, Ghaziabad, Division 1, CPWD versus BRIJENDRA KUMAR SHARMA & ANR .....Respondents Through: In person. CORAM: HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT CM.APPL. 50045-46/2025 (For condonation of delay of 365 days in filing restoration application along with application seeking restoration) 1. The present application is filed by the petitioner seeking restoration of W.P.(C) No. 23585/2005 (hereinafter, “the captioned writ petition”), which was dismissed for non-prosecution vide order W.P.(C) 23584/2005 Page 1 of 23 Signature Not Verified Signed By:NEHA Signing Date:26.02.2026 15:58:09 dated 27.05.2024. Along with restoration application, the petitioner has alsofiled an application being CM No. 50046/2005,seeking condonation of 395 days‟ delay in filing the same. 2. The present Writ Petition was filed by the petitioner assailing the ex parte Award dated 15.09.2005 passed by the learned Industrial Tribunal,granting reinstatement tothe respondent-workmanalong with full back wages and continuity of service. 3. The captioned Writ Petition was initially dismissed for non- prosecution vide order dated 13.12.2010.Thereafter, the petitioner- department succeededin having the writ petition restored to its original number videOrder dated 01.11.2011, subject to payment of costs of Rs. 25,000/- payable to the respondent-workman. 4. Subsequently,owing to the continued non-appearance on behalf of the petitioner department, the matter was once again dismissed in default vide order dated 13.03.2013. The court also took note of the petitioner-department‟