Hon’ble Sudhir Agarwal, J.—Heard Sri P.C. Jain, Advocate for the petitioner and Sri Mishra for respondent No. 2 the contesting workman.

2. This writ petition was earlier dismissed on the ground of laches vide judgement dated 11.8.2008 (by Hon’ble Rakesh Tiwari, J.), whereagaisnt an appeal was filed before the Apex Court being Civil Appeal No. 2324 of 2009. The appeal has been allowed vide judgment dated 6.4.2009 and the Apex Court passed following order:

“On the facts and circumstances of the case, we are of the opinion that delay in filing the writ petition should have been condoned by the High Court. Accordingly, we set aside the impugned judgment and order and condone the delay of 75 days in filing the writ petition before the High Court. The writ petition shall stand restored on the file of the High Court, which shall now be decided on merits as expeditiously as possible.

The appeal is allowed. No order as to costs.”

3. This is how the matter has come up again before this Court. Since pleadings are complete, as requested by learned counsel for the parties I proceed to hear and decide the matter finally under the Rules of the Court, at this stage.

4. The petitioner Agra Jal S