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E.S.I.Corporation v. Tuticorin Thermal Powerstation

2018-11-02Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of November Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.1920 of 2017 IN CMA(MD) No.SR7998 of 2017 E.S.I.CORPORATION SUB REGIONAL OFFICE(TIRUNELVELI), SALAI ST, VANNARPETTAI, TIRUNELVELI-627 003.

REP.BY ITS JOINT DIRECTOR. ... PETITIONER/APPELLAT Vs 1 TUTICORIN THERMAL POWERSTATION /TANGEDCO, (A UNIT OF TNEB LTD), HARBOUR ESTATE,THOOTHUKUDI 627 004, REP.BY ITS CHIEF ENGINEER TTPS/TANGEDCO 2 LIQUIDATOR/ASSISTANT DIRECTOR (INDUS.&COMMERCE),DT INDUS.CENTRE,TUTICORIN THERMAL POWER STATION INDUSTRIAL COOP SERVICE SOCIETY,PALAYAMKOTTAI ROAD,NEAR KRAMPALLAM,TUTICORIN.

3 A)P.S.VAIRAVAN B)M.JEYAPAUL ... 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 184 days in the filing of the Civil Miscellaneous Appal against the order dated 16-06-2016 in ESI OP No.22 of 2015 on the file of the Labour Court, Tirunelveli. PRAYER IN CMA(MD) No.SR7998 of 2017 Set aside the fair and decreetal order dated 16.06.2016,passed by the ESI Court(ie.Labour Court),Tirunelveli in ESI OP No.22 of 2015,uphold the coverage and the 45-A order and allow this Civil Miscellaneous Appeal with necessary directions in favour of the Appellant 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.P.GANAPATHISAMY, Advocate for the petitioner and https://hcservices.ecourts.gov.in/hcservices/

of Mr.R.VIJAKUMAR,Advocate for R1 and R2 and R3 not appeared either in person or by an Advocate the court made the following order:- This petition is filed to condone the delay of 184 days in filing the above said appeal.

2.Heard the learned counsel appearing for the petitioner, and the First respondent.

3.Though notice was served on the respondents 283 and their names are also printed in the cause list,they have not chosen to appear either in person or through counsel.

3.Considering the contention of the learned counsel for the petitioner/s,the delay of 184 days is condoned on payment of cost of Rs.500/-(Rupees Five hundred only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, Within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stands dismissed automatically, without further reference to this court.

sd/- 02/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, ESI COURT,(IE.LABOUR COURT), TIRUNELVELI.

COPY TO THE OFFICER INCHARGE, ROJAVANAM, HOMELESS&AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.

PS/PN/SAR-2/23/11/2018/2P/3C

ORDER

IN CMP(MD) No.1920 of 2017 IN CMA(MD) No.SR7998 of 2017 Date :02/11/2018 https://hcservices.ecourts.gov.in/hcservices/