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This petition is listed at serial No. 1 in today's cause list. When the petition is called out and taken up for hearing learned advocate for the petitioners is not present.
On his behalf any request for passover or adjournment is also not made. No one has attended the hearing on behalf of the petitioners. Learned advocate for the petitioners has not filed leave note or sick note. The hearing is neglected by the petitioners.

Having regard to the above facts, more particularly that no one has attended the hearing until 11.35 a.m. and any request for passover or adjournment is also not made on behalf of the petitioners, the Court deems it appropriate to dismiss the petition on the ground of non-prosecution.

In view of the submission by learned Senior Counsel for the respondent, the Court would have decided the petition on merits.

Page 1 HC-NIC Page 1 of 10 Created On Mon Oct 02 03:37:44 IST 2017 However instead of dismissing the petition on merits the petition is dismissed on the ground of non-prosecution so that if the petitioners are interested in prosecuting the petition on merits they may avail opportunity within time permissible under Rules.

In view of the request made by learned advocate for the petitioners on Page 2 HC-NIC Page 2 of 10 Created On Mon Oct 02 03:37:44 IST 2017 21.3.2016 the hearing was adjourned to today.

This petition is listed at serial No. 1 in today's cause list. When the petition is called out and taken up for hearing learned advocate for the petitioners is not present. On his behalf any request for passover or adjournment is also not made. No one has attended the hearing on behalf of the petitioners. Learned advocate for the petitioners has not filed leave note or sick note. The hearing is neglected by the petitioners. Despite this position the Court heard Mr. Bhatt, learned Senior Counsel for the respondent with the hope that by the time Mr. Bhatt, learned Senior Counsel completes his submissions, learned advocate for the petitioner would attend the hearing or someone else would attend the hearing or atleast some request may be made. The Court heard Mr. Bhatt, learned Senior Counsel for the respondent until 11.35 a.m. however no one from the side of petitioner appeared and attended the hearing.

Having regard to the order passed by Hon'ble Apex Court in Petition(s) for Special Leave to Appeal (C) No. 1651-1652 of 2015 this Court inquired from Mr. Bhatt, learned Senior Counsel why the respondent and the petitioners have not been paid wages at par with other workmen who were paid 100% backwages and why the petitioners have been granted 50% backwages.

In reply, Mr. Bhatt, learned Senior Counsel for the respondent submitted that the allegation by workmen is not true and the petitioners have not placed any material to support said allegation. Having regard to the above facts, more particularly that no one has attended the hearing until 11.35 a.m. and any request for passover or adjournment is also not made on behalf of the petitioners, the Court deems it appropriate to dismiss the petition on the ground of non- prosecution.