A.Balakrishnan v. The Presiding Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-03-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 10014 OF 2025,WMP NO. 10015 OF 2025
1. A.Balakrishnan C/o.Madurai District National Plantation Workers Union (intuc) 79 Main Colony, High Wavis Estate, High Wavis P.O., Uthamapalayam Taluk, Presently Residing At 2-51 / Na, Harijana Street, Irungalur, Manachanallur Taluk, Trichy 621105.
Petitioner(s) Vs
1. The Presiding Officer, Labour Court, Madurai.2.
2.The Management Of Gunamalai Plantation Co., Kardana Coffeeestate, Megamalai Po., Chinna-manur (v9a) Andipatti Taluk.
Respondent(s) WMP No. 10014 of 2025
1. B.Jothimani
C/o.Madurai District National Plantation Workers Union (INTUC) 79 Main Colony, High Wavis Estate, High Wavis P.O., Uthamapalayam Taluk, Presently Residing At 2-51 / Na, Harijana Street, Irungalur, Manachanallur Taluk, Trichy 621105.
Petitioner(s) Vs
1. The Presiding Officer, Labour Court, Madurai.2.
2.The Management Of Gunamalai Plantion Co., Kardana Coffee Estate, Megamalai P.O., Chinnamanur (via) Andipatti Taluk.
Respondent(s) WMP No. 10015 of 2025
1. S.Chitra C/o.Madurai District National Plantation Workers Union (intuc) 79 Main Colony, High Wavis Estate, High Wavis P.O., Uthamapalayam Taluk, Presently Residing At No.13 Ambedkar Street, Siruthalaipoondi, Gingee, Villupuram 604204.
Petitioner(s) Vs
1. The Presiding Officer, Labour Court, Madurai - 2
2.The Management Of Gunamalai Plantation Co., Kardana Coffeeestate, Megamalai P.O., Chinnamanur (via) Andipatti Taluk Respondent(s) PRAYER To condone the delay of 371 days in filing restoration petition in WP.No.34606 of 2003.
WMP No. 10014 of 2025 PRAYER To condone the delay of 371 days in filing restoration petition in WP.No.34607 of 2003.
WMP No. 10015 of 2025 PRAYER To condone the delay of 1574 days in filing restoration petition in WP.No.37555 of 2003.
In all W.M.P's For Petitioner(s):
C.Krishna Karthi COMMON ORDER These petitions have been filed to condone the delay of 371 & 1574 days in filing petitions, seeking to restore the Writ Petition by setting aside the order dated 01.08.2019.
2. This Court, vide order, dated 01.08.2019, taking note of the fact that
there was no representation on earlier occasion dated 31.07.2019 despite the matter was listed under the caption 'for dismissal' dismissed the Writ Petitions for non-prosecution.
3. Now the petitioners have come forward with the present petitions seeking to set aside the order dated 01.08.2019 and to restore the Writ Petition.
4. There is a delay of 371 and 1574 days respectively in filing the present petitions. According to the petitioners, their counsel on record, had passed away in 2019 and they were not aware of the said fact and in the mean time, the Writ Petitions came to be dismissed for non-prosecution in the year 2022 and hence, they seek to condone the delay.
5. It is well settled that length of delay is not material, but the reasons stated thereof for condonation of delay and such reasons must be properly pleaded, convincing and acceptable. The petitioners have a responsibility to enquire about the status of their case from their counsel. In the present case,
after entrusting their case to their counsel in the year 2003, the petitioners have completely ignored the matter and not even enquired about the status of this case from time to time and ignored for the years together. Had they attempted to enquire the status of the matter, they could have very well come to know about the death of their counsel well in advance. Therefore, this Court is of the view that the petitioners have not demonstrated a sufficient reason for the delay in order to entertain the present petitions.
6. Accordingly, these Petitions are dismissed. No costs. 20-03-2025 RAP Index:Yes/No Speaking/Non-speaking order Internet:Yes
To The Presiding Officer, Labour Court, Madurai.2.
M.DHANDAPANI J.
RAP AND WMP NO. 10014 OF 2025,WMP NO.
10015 OF 2025 20-03-2025