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Madras High CourtCMP(MD)/2595/2024ordered

The Management v. The General Secretary

2024-04-12Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice G.Arul Murugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice R.SURESH KUMAR and The Hon`ble Mr.Justice G. ARUL MURUGAN in W.A.(MD) SR No.12807 of 2024 THE MANAGEMENT THE TAMILNADU STATE TRANSPORT CORPORATION (MADURAI ) LTD., MADURAI.

... PETITIONER/APPELLANT Vs THE GENERAL SECRETARY TAMILNADU STATE TRANSPORT CORPORATION WORKERS UNION, (AITUC) PATTUKKOTTAI KALYANA SUNDARAM STREET, BY PASS ROAD, MADURAI-625 016 ... RESPONDENT/RESPONDENT 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 498 days in filing Writ Appeal and thus render justice. PRAYER IN W.A.(MD) SR No.12807 of 2024:

To allow this Writ Appeal by setting aside the orders passed by the learned judge in WP(MD)No.9244 of 2022 dated 09.09.2022 and render justice. 1/4

Prayer in WP(MD). 9244/ 2022 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the impugned order dated 05.08.2021 passed by the learned Labour Court, Madurai in I.D.No.37 of 2017 as illegal and quash the same and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

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 MR.SC.HEROLD SINGH, Advocate for the petitioner and of MR.K.K.SAMY, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to condone the delay of 498 days in filing W.A(MD) SR.No.12807 of 2024.

2. Heard both sides.

3. Though the learned counsel for the respondent has opposed the present petition, having regard to the reasons stated in the accompanying affidavit and also for the reason that since the merits of the main issue have to be decided in the writ appeal, we feel that the delay can be condoned on payment of a cost of Rs.5,000/- to the respondent.

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4. Accordingly, the delay is condoned and this petition is ordered on payment a cost of Rs.5,000/- (Rupees five thousand only) to the respondent through the learned Standing Counsel.

sd/- 12/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

krk TO 1.THE GENERAL SECRETARY TAMILNADU STATE TRANSPORT CORPORATION WORKERS UNION, (AITUC) PATTUKKOTTAI KALYANA SUNDARAM STREET, BY PASS ROAD, MADURAI-625 016 2.THE MANAGEMENT THE TAMILNADU STATE TRANSPORT CORPORATION (MADURAI ) LTD., MADURAI.

3.THE PRESIDING OFFICER, LABOUR COURT, MADURAI COPY TO THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN in W.A.(MD) SR No.12807 of 2024 Date :12/04/2024 RK/VR (17/04/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4