The Manager v. S.Davan

in W.A.S.R.No.67422 of 2022 S.VAIDYANATHAN, J and J. SATHYA NARAYANA PRASAD, J This petition has been filed to condone the delay of 32 days in filing the Writ Appeal.

2. The respondents, except second respondent, had been served with notice and their names have also been printed in the cause list and there is no representation for them. The second respondent has refused to accept the notice and postal endorsement "refused" has been made. When there is refusal by the second respondent, it is deemed that he had been served.

3. Taking into consideration the submissions made by the learned counsel for the petitioner/Management and also taking into account the reasons stated in the affidavit filed in support of the petition, the delay is condoned.

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4. Registry is directed to number the appeal if it is otherwise in order and list the Writ Appeal in the caption "for admission" on or before 30.01.2023. As on date, the appellant/Management has not taken a plea with regard to the applicability of Regulation 4 of the Employees' State Insurance (General) Regulations, 1950, either before the Authority or before the learned Single Judge or before the Division Bench. (S.V.N., J) (J.S.N.P., J) 23.01.2023 cs 2 / 3

S.VAIDYANATHAN, J and J.SATHYA NARAYANA PRASAD, J cs in A.S.S.R.No.67422 of 2022 23.01.2023 3 / 3