Bala Vijayakumar v. The Presiding Officer

C.M.P. No.21089 of 2023 in W.A.SR. No.4201 of 2020 S. VAIDYANATHAN, J.

and K. RAJASEKAR, J.

This is a petition to condone the delay of 1,171 days in paying the deficit Court fee.

Today, when the matter was taken up for hearing, the learned counsel for the second respondent/Management submitted that the second respondent/Management has no objection in the delay being condoned on condition that the petitioner would not be entitled to the benefit of any relief for the said period of 1,171 days.

We accept the aforesaid submission of the learned counsel for the second respondent/Management and the learned counsel for the petitioner also is in agreement with the aforesaid submission.

In the event of the petitioner approaching a different forum seeking appropriate relief, the delay of 1,171 days on his part in paying the deficit Court fee, shall not be reckoned for the purpose of calculating the period of limitation. It is made clear that this observation is deemed to have been incorporated in the final judgment to be passed in the writ appeal, in the event of any relief being granted to the workman, either in full or in part.

This C.M.P. is ordered in the above terms.

https://www.mhc.tn.gov.in/judis (S.V.N., J.) (K.R.S.,J.) 19.09.2023 cad