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Madras High CourtWMP(MD)/666/2026dismissed

The Managing Director v. Palanichamy

2026-01-22Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Rev.Aplw(MD)SR.No.1991 of 2026 and Rev.Aplw(MD)SR.No.1991 of 2026 in WP(MD)No.23821 of 2025

1. The Managing Director, Tamil Nadu State Transport Corporation, Madurai Region, Bypass Road, Madurai - 625 016.

2.The General Manager, Tamil Nadu State Transport Corporation, Madurai Region, Bypass Road, Madurai - 625 016.

... Petitioners Vs Palanichamy

...Respondent

PRAYER in WMP(MD)No.666 of 2026: Petition filed under Section 5 of the Limitation Act to condone the delay of 82 days in filing the review application to review the order passed in WP(MD)No.23821 of 2025, dated 16.09.2025.

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Prayer in Rev.Aplw(MD)SR.No.1991 of 2026: Petition filed under Section 47 Rule (1) of Civil Procedure Code,1908 to review the order passed in WP(MD)No.23821 of 2025 dated 16.09.2025 and dismiss the writ petition.

For Petitioner : Mr.Ferlin Castro P.F.

ORDER

The management has filed an application to review the orders passed by this court in WP(MD)No.23821 of 2025, dated 16.09.2025 along with an application to condone the delay of 82 days in filing the review application.

2.Heard the learned counsel appearing for the review applicant / transport corporation and perused the grounds raised in support of the delay condonation petition and the review application. 3.The review application has been filed on the following grounds:

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a.The respondent / writ petitioner had been dismissed from service on 27.01.2026. Challenging the said dismissal order, he has preferred an industrial dispute in ID.No.47 of 2018 and it was allowed by the Labour Court by order dated 22.09.2022. However, the respondent / writ petitioner never joined duty. As against the award dated 22.09.2022, the management had filed a writ petition. In the meantime he attained the age of superannuation. These details were not brought to the notice of the court.

b.For the non-employment period the writ petitioner filed a claim petition before the Labour Court, Madurai in CP.No.25 of 2023 and the same is pending.

c.Prior to the dismissal of the petitioner from service, he has been provided with sufficient opportunities to join duty, since the medical board had certified him fit to discharge his official functions, but he has not joined the duty. Therefore, the management is having a fair chance in the writ petition. 3/7

4.The petitioner management has filed an application to condone the delay of 82 days in filing the review application and the reasons for the delay stated is that they have filed the copy application on 17.09.2025 and the copy of the order was delivered on 6.10.2025 and thereafter the papers have been placed before the Board of Directors for further action and the review application has been filed on 6.01.2026. The petitioner management has not offered any proper reasons for this delay and the review petition is also filed in order to defeat the claim of the respondent / writ petitioner. 5.The writ petition was filed by the respondent / writ petitioner to disburse the retirement benefits in the light of the orders passed by the Labour Court, Madurai in ID.No.47 of 2018, dated 22.09.2022.

The writ petition was disposed of based on the submissions made on behalf of the transport corporation's counsel that the retirement benefits due to the respondent / writ petitioner would be disbursed within a period of two weeks.

benefits to the petitioner. Therefore, the respondent / writ petitioner has filed a contempt application before this court. Thereafter this review application has been filed in order to defeat the claim of the respondent / writ petitioner from getting the benefits as per the orders of this court.

6.This court is not satisfied with the reasons assigned for the delay in filing the review application as well as the reasons for filing the review application. Therefore, the petition to condone the delay is dismissed and the review application, which is in SR stage is rejected. No cost.

22.01.2026 NCC: Yes/No Index:Yes/No DSK 5/7

To

1. The Managing Director, Tamil Nadu State Transport Corporation, Madurai Region, Bypass Road, Madurai - 625 016.

2.The General Manager, Tamil Nadu State Transport Corporation, Madurai Region, Bypass Road, Madurai - 625 016.

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B.PUGALENDHI, J.

DSK 22.01.2026 7/7