The Management Tamil Nadu v. G.Selvaraj,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirteenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mr.Justice SENTHILKUMAR RAMAMOORTHY CMP(MD) No.4961 of 2019 IN WA(MD) No.SR20854 of 2019 THE MANAGEMENT TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM DIVISION III) LIMITED, MARUDHUPATHI, MANAGIRI ROAD, KARAIKUDI-630 307. ... PETITIONER/ APPELLANT Vs 1 G.SELVARAJ 2 THE PRESIDING OFFICER, LABOUR COURT, MADURAI. ... 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 420 days in filing the above Writ Appeal against the order passed in W.P.(MD)No.6983 of 2014 dated 13.03.2018 and thus render justice.
PRAYER IN WA(MD) No.SR20854 of 2019:
To set aside the order passed in W.P.(MD)No.6983 of 2014 dated 13.03.2018 and thus render justice.
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.D.SIVARAMAN, Advocate for the petitioner, the court made the following order:- (Order of the Court was made by K.RAVICHANDRABAABU,J) This Petition is filed seeking to condone the delay of 420 days in filing the above appeal against the order passed in W.P(MD) No.6983 of 2014, dated 13.03.2018.
https://hcservices.ecourts.gov.in/hcservices/ 2.Though notice was served on first respondent/Writ Petitioner, none appears for him.
3.We have heard Mr.D.Sivaraman, learned counsel for the Petitioner/appellant and perused the reasons stated in the affidavit filed in support of the Miscellaneous Petition. 4.It is stated that though the Writ Court disposed of the Writ Petition on 13.03.2018, Copy Application itself was filed after nearly seven months.
It is further seen that the Petitioner/appellant took some more time to get approval from the Board for filing this appeal. Therefore, it is stated that a delay of 420 days had occurred in filing the above appeal. Though the reasons stated, as such, cannot be a ground to condone the delay, as We propose to hear the matter on merits, since it is stated that the first respondent was dismissed from service on the charge of misappropriation and that he has not chosen to appear before this Court and oppose the present application, We are inclined to allow the present application, subject to the condition that the Petitioner/Appellant pays a sum of Rs.1,000/-(Rupees one thousand only) towards cost to the credit of Legal Services Committee attached to this Bench within a period of seven days from the date of receipt of a copy of this order, failing which, this Petition shall stand dismissed automatically without further reference to this Court.
sd/- 13/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE PRESIDING OFFICER LABOUR COURT, MADURAI.
COPY TO:
THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.4961 of 2019 IN WA(MD) No.SR20854 of 2019 Date :13/06/2019 JM/VR/SAR 2/20.06.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/