Vadivel v. The Management Of India Cements Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN CMP No.743 of 2025 in WA.S r. N o .173869 of

1. Vadivel

2. S.Seerangan

3. V.Kandasamy

4. E.Varadaraj

5. M.Ramasamy

6. N.Kaliappan,

7. P.Munian

8. P.Palanisamy

9. M.Arunachalam 10.V.Natesan 11.S.Nallathambi ..Appellant(s) Vs

1. The Management Of India Cements Ltd Sankari West, Salem Dist - 637303.

2. K.R.Madheswaran ..Respondent(s)

To condone the delay of 473 days in filing the above WA.SR.173869/2024.

For Appellant(s):

Ms.K.Manikuyil For Respondent(s):

Mr.S.Ravindran, Senior Counsel for Mr.S.Sellaipillai Kumar for R1 Order (Order of the Court was made by S.M.Subramaniam J.) The learned counsel for the petitioner would submit that the order under challenge in the Writ Appeal was not communicated to the workmen and the copy of the order was also not furnished. Thus, there was a delay in filing the above Writ Appeal. She would further plead that the workmen are not educated nor advised properly by the learned counsel. Hence, the delay is to be excused.

2. The learned Senior Counsel appearing for the 1st respondent would submit that the learned counsel would have communicated the order, since he is a regular lawyer attending Courts.

3. Such presumptive arguments need not be taken into consideration. As far as the petitioners are concerned they are workmen and their cause need not be allowed to die merely on the ground of delay. Therefore, it is preferable to consider the issues on merits in the interest of justice.

4. Thus, this petition is ordered and the delay of 473 days in filing the above appeal stands condoned.

(S.M.S.,J.) (C.K.,J.) 25-02-2026 DSA To

1. The Management Of India Cements Ltd Sankari West, Salem Dist - 637303.

2. K.R.Madheswaran S/o.K.C.Rangasamy, Contractor, No.2 Kamarajar Street, Velur Road Tiruchengode, Namakkal Dist - 637 211.

S.M.SUBRAMANIAM J.

AND C.KUMARAPPAN J.

DSA CMP. No.743 of 2025 in WA.Sr. No. 173869 of 2024 25-02-2026