Tamilnadu State Transport v. The Joint Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.7.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE G.JAYACHANDRAN C.M.P.No.10543 of 2017 in W.A.SR.No.81509 of 2014 Tamilnadu State Transport Corporation (Villupuram) Ltd., Vellore Region, rep. by its General Manager.

...Petitioner/Appellant

Versus

1 The Joint Commissioner of Labour (Conciliation), DMS Compound, Teynampet, Chennai 600 006.

2 K.Krishnan

...Respondents/Respondents

Prayer: Petition filed under Order IV Rule 9(4) of A.S. Rules to condone the delay of 984 days in representation of the WA.SR.No.81509 of 2014 and Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 4.6.2014 passed in W.P.No.32966 of 2006 on the file of this court.

W.P.No.32966 of 2006:- Writ Petition filed under Section 226 of Constitution of India praying for the issuance of Writ of Certiorari to call for the records of the 1st respondent in approval Petition No.149 of 2003, dated 2.5.2005 and to quash the same.

For petitioner/appellant : Mr.P.Paramasiva Doss COMMON JUDGMENT (Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant.

2. There is a delay of 984 days in re-presenting the writ appeal. Apart from that what is seen on merit is that there is https://hcservices.ecourts.gov.in/hcservices/

said to be misappropriation of Rs.36/- by the workman, being a conductor. Furthermore, what is noted by the learned Single Judge is that there is said to be irregularity in the matter of enquiry. In such circumstances, we are of the view that there is no scope for either condoning the delay in re-presenting the writ appeal or to entertain the writ appeal. Accordingly, the petition seeking to condone the delay is dismissed and consequently, the writ appeal at SR stage is rejected. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ssk.

To:

The Joint Commissioner of Labour (Conciliation), DMS Compound, Teynampet, Chennai 600 006.

+1cc to Mr.P.Paramasivadoss, Advocate Sr. 48619 C.M.P.No.10543 of 2017 in W.A.SR.No.81509 of 2014 and W.A.SR.No.81509 of 2014 GJII(CO) VR(17/8/2017) https://hcservices.ecourts.gov.in/hcservices/