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Madras High CourtCMP/14898/2025dismissed

Salem Mandala Anaithu Paniyalargal Sangam, v. The Management Of Kalpataru Chemicals Private Limitd,

2026-01-07Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan5 pages

2026:MHC:127

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-01-2026

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN in W.A.Sr.No.35821 of 2025 Salem Mandala Anaithu Paniyalargal Sangam, The General Secretary Devi Ramani, 44A, Mariamman Koil Street, Balaji Avenue, Hasthampatti, Salem -7.

Appellant(s) Vs

1. The Management of Kalpataru Chemicals Private Limitd, Rep.by its Director K.Ravi, Post Box No.17, Krishnagiri Road, Hosur-635 109, Krishnagiri District.

2.The Presiding Officer, Labour Court, Salem.

Respondent(s) PRAYER To condone the delay of 2191 days in filing the Writ Appeal against the order dated 04.02.2019 made in W.P.No.32109 of 2017. For Appellant(s):

Ms.Rubika For Mr.N.Krishna Moorthy For Respondent(s): Mr.Venkatesh Prasad A.P. For M/s.Advit Law Chambers for R1 R2 - Labour Court

ORDER

(Order of the Court was made by S.M.Subramaniam J.) This Civil Miscellaneous Petition has been filed to condone the delay of 2191 days in filing the Writ Appeal.

2. The reasons stated for condoning such an enormous delay is that the petitioner/ appellant was not aware of the order passed by the writ Court, which is impugned in the Writ Appeal. The said statement cannot be trusted upon, in view of the finding made by the writ Court in paragraph Nos.4, 5 and 6 of the order dated 04.02.2019 in W.P.No.32109 of 2017.

3. Even as per the affidavit filed in support of the petition, the petitioner / appellant came to know about the writ order in the year 2019. The Writ Appeal was instituted in the year 2025. Therefore, the reasons stated for condoning such an enormous delay of 2191 days are neither candid nor convincing. That apart, a perusal of the writ order would show that it was passed by consent and the award challenged in the Writ Petition was agreed to be enforced by the Management.

4. That being the factum, this Court is not inclined to condone the delay. Consequently, this Civil Miscellaneous Petition stands dismissed. In view of

the dismissal of the petition to condone the delay, W.A.Sr.No.35821 of 2025 stands rejected in the SR stage.

(S.M.SUBRAMANIAM J.) (C.KUMARAPPAN J.) 07-01-2026 dsa

To 1.The Management of Kalpataru Chemicals Private Limitd, Rep.by its Director K.Ravi, Post Box No.17, Krishnagiri Road, Hosur-635 109, Krishnagiri District.

2.The Presiding Officer, Labour Court, Salem.

S.M.SUBRAMANIAM J.

AND C.KUMARAPPAN J.

dsa in W.A.Sr.No.35821 of 2025 07-01-2026