PER JUSTICE J.M.MALIK 1. Counsel for the parties present. The State Commission dismissed the appeal and the following order was passed- “None for the appellant even on second call. Appeal is therefore dismissed for default.” 2. We have perused the Revision Petition. Para No. 8 of the R.P. runs as follows:- “8. That the above appeal i.e. FA/12/317 was listed before this Hon’ble State Commission, Maharashtra, at Mumbai was again listed on 3rd February 2014 but unfortunately the mother of the appellant Advocate expired and on next date the advocate on record was held up before the Labour Commissioner and couldn’t appear before the Hon’ble State Commission in time and the Hon’ble State Commission dismissed the appeal in default.” 3. We have heard the counsel for the petitioner. He submits that his mother had expired on 18.11.2013 and he was busy before the Labour Commissioner. Counsel for the Respondent was present. No intimation was given either to the Commission or to the opposite party Advocate. 4. In the interest of justice, we restore the case subject to payment of Rs. 5,000/- as costs. The said amount be paid to the opposite party Advocate, who appeared before the State Commission. 5. Subject to this, we hereby restore the case and direct the parties to appear before the State Commission for further proceedings on 07.07.2014. The State Commission will expedite the case after satisfaction that the above said costs stand paid to the Opposite Party counsel, thereafter, it will proceed further with this case. 6. The Revision Petition stands disposed of. | 
