Madras High CourtCMP/9762/2017dismissed

P.Venkatesan v. The Management Samco

2017-07-03Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Huluvadi G. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 3.7.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE G.JAYACHANDRAN C.M.P.No.9762 of 2017 in W.A.SR 41059 of 2017 and W.A.SR 41059 of 2017 P.Venkatesan Petitioner/Appellant

Versus

1. The Management, Samco Metals and Alloys Limited, Kanniyambadi, Vellore District 632 102.

2. The Presiding Officer, Labour Court, Vellore Respondents/Respondents Prayer: Petition filed under Section 5 of Limitation Act to condone the delay of 1909 of days in filing the writ appeal. and Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 23.2.2012 passed in W.P.No.34004 of 2007 on the file of this court.

W.P.No.34004 of 2007: Petition under Article 226 of the Constitution of India praying for issue of writ certiorarified Mandamus calling for the records from the 2nd respondent relating to the Award dt 19.5.2007 passed in ID.No.277/2000 and quash the portion of denying employment and other benefits and consequently direct the 1st respondent Management to reinstate the petitioner in service with back wages continuity of service and all other attendant benefits.

For petitioner/appellant : Mr.P.Ganeshamurthi COMMON JUDGMENT (Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the petitioner/appellant for some time on the aspect of delay. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner/appellant seeks for condonation of delay of 1909 days in filing the writ appeal.

3. On perusing the affidavit filed in support of the petition we are of the view that the petitioner is very casual in his approach in seeking to condone the inordinate delay of more than five years. Therefore, we are not inclined to condone the delay. Accordingly, the petition seeking to condone the delay is dismissed. Consequently, the writ appeal at SR stage is rejected.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssk.

To:

1. The Management, Samco Metals and Alloys Limited, Kanniyambadi, Vellore District 632 102.

2. The Presiding Officer, Labour Court, Vellore.

+ 1 cc to Mr. S.T. Varadarajulu, Advocate Sr.46178 C.M.P.No.9762 of 2017 in W.A.SR 41059 of 2017 and W.A.SR 41059 of 2017 PA(CO) EU 18.08.17 https://hcservices.ecourts.gov.in/hcservices/