Tmt. E. Nirmala Devi v. K. Sivasami

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11102 of 2017 IN CMA(MD) No.SR12731 of 2017 1 TMT. E. NIRMALA DEVI 2 MINOR AKILA D/O. (LATE) 3 MINOR ANITHA D/O. (LATE). ELAMARAN 4 MINOR SOWMIYA D/O. (LATE). ELAMARAN 5 MINOR BRINDA D/O. (LATE). ELAMARAN (MINOR APPELLANTS 2 to 5 ARE REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER, 1st APPELLANT) 6 TMT. ARIYATHAL ... APPELLANTS / PETITIONERS Vs 1 K. SIVASAMI 2 THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., 15-A, THILLAI NAGAR MAIN ROAD, 11TH CROSS STREET, 2ND FLOOR, PLA KANAGU TOWERS, TRICHY. ... RESPONDENTS / RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 234 days in filing the above Civil Miscellaneous Appeal against the order in W.C.No.23 of 2014 on the file of the Deputy Commissioner of Labour/Workmen Compensation, Trichy dated 30.05.2016.

PRAYER IN CMA(MD) No.SR12731 of 2017:- to modify the order passed by the Deputy Commissioner of Labour / Workmen Compensation, Tiruchirappalli made in W.C.No.23 of 2014 dated 30.05.2016 ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.N.SUDHAGAR NAGARAJ, Advocate for the petitioner

and of Mr.V.SAKTHIVEL , Advocate for R2, the court made the following order:- This petition has been filed to condone the delay of 234 days in filing the above Civil Miscellaneous Appeal in CMA(MD)No.SR12731 of 2017, against the order passed in WC.No.23 of 2014.

2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Rs.1000/-(Rupees One Thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

3. This petition is accordingly ordered.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DEPUTY COMMISSIONER OF LABOUR / WORKMEN COMPENSATION, TIRUCHIRAPPALLI COPY TO:- THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI gk JAM/05/04/2018/ CM-VR / SAR 1/ 2p-3c

ORDER

IN CMP(MD) No.11102 of 2017 IN CMA(MD) No.SR12731 of 2017 Date :02/04/2018