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Madras High CourtCMP(MD)/15525/2024delay condoned

T.Packirisamy v. The Presiding Officer

2024-11-26Honourable Mr Justice M.S. Ramesh,Honourable Dr.Justice A.D.Maria Clete3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE M.S.RAMESH and The HONOURABLE DR. JUSTICE A.D. MARIA CLETE in WA(MD)No.SR76055 of 2023 T.PACKIRISAMY ... PETITIONER/APPELLANT Vs 1 THE PRESIDING OFFICER LABOUR COURT, CUDDALORE.

2 THE MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, KUMBAKONAM.

... RESPONDENTS/RESPONDENTS Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 550 days in filing the writ appeal W.A.SR.(MD).No.76055 of 2023.

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PRAYER in WA(MD)No.SR76055 of 2023:

Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order of the Learned Judge dated 09.03.2022 in W.P(MD)No.5368 of 2015 dismissing the same and allow the writ petition as prayed for by directing the 2nd respondent to pay all benefits to the appellant, including back wages and terminal and pension benefits by treating him to have been reinstated in service with continuity of service, back wages and all other attendant benefits and to have worked up to the dated of his retirement.

Prayer in WP(MD). 5368/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, after calling for the rrecords from the 1st Respondent Labour Court relating to the Impugned awarrd dated 02.09.13 passed by the 1st Respondent in I.D. No. 146 of 2007, quash the same and consequently to direct the 2nd Respondent to reinstate the petitioner in service with back wages and continuity of service and all other attendant benefits and award cost.

ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.ARUNACHALAM, Advocate for the petitioner and of Mr.K.RAMAIAH, Standing counsel on behalf of the 2nd Respondent, the Court made the following order:- [Order of the Court was made by M.S.RAMESH, J.] Having been satisfied with the reasons stated in the accompanying affidavit filed in support of the petition, this petition is allowed and the delay is condoned on condition that the petitioner pays a sum of Rs.5,000/- (Rupees Five Thousand only) 2/3

to the credit of Account No.10767823177, towards District Siddha Medical Officer, CCRI, Periyakulam.

sd/- 26/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MR TO 1 THE PRESIDING OFFICER LABOUR COURT, CUDDALORE.

2 THE MANAGING DIRECTOR, MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, KUMBAKONAM.

COPY TO:

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

ORDER

IN in WA(MD)No.SR76055 of 2023 Date :26/11/2024 SS/GSV/SAR- /06/12/2024/ 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3