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Madras High CourtCMP(MD)/1370/2019ordered

The Management, v. The Presiding Officer,

2020-09-28Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Eighth day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mr.Justice P.RAJAMANICKAM IN WA(MD) No.SR42571 of 2018 THE MANAGEMENT, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LIMITED, DINDIGUL REGION, BYE-PASS ROAD, COLLECTORATE P.O., DINDIGUL - 624 004. ... PETITIONER/APPELLANT Vs 1.THE PRESIDING OFFICER, LABOUR COURT, THIRUCHIRAPALLY.(DINDIGUL CAMP).

2.THE GENERAL SECRETARY, TNSTC WORKERS UNION (AITUC), 92, MENGILS ROAD, DINDIGUL. ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 308 days for filing this Writ Appeal against the order of this Hon'ble Court in dated 31.10.2017 passed in W.P. (MD)No.5883 of 2011 and thus render justice.

PRAYER IN WA(MD) No.SR42571 of 2018:

Pleased to set aside the Order passed in WP(MD)No.5883 of 2011 dated 31.10.2017 on the file of this Hon'ble Court. PRAYER WP(MD)No.5883 of 2011 :

Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorari, calling for the records on the file of the first respondent pertaining to its order passed in I.D.No.213 of 2006 dated 30.04.2009 and quash the same. 1/3

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.A.JEYARAM, Standing Counsel for the petitioner and of Mr.G.M.XAVIER, Advocate for R2, the court made the following order:- (Order of the Court was made by M.SATHYANARAYANAN,J.) Heard the submissions of Mr.A.Jeyaram, learned Standing Counsel appearing for the petitioner/appellant and Mr.G.M.Xavier, learned Counsel, appearing for the second respondent.

2. Though this petition is strongly opposed by the learned Counsel appearing for the second respondent, this Court on going through the affidavit filed in support of this petition, especially, paragraph No.10, is inclined to allow this petition by putting the petitioner on terms.

3. In the result, this Civil Miscellaneous Petition is ordered and the delay is condoned on condition that the petitioner shall pay a sum of Rs.3,000/- (Rupees Three Thousand only), payable to Tirupputtur Rural Uplift Project Association (TRUPA), Sirukudalpatty, Tirupathur Taluk, Sivaganga District, within a period of two weeks from today and also file a Memo to that effect. On such filing of the Memo, if the papers are otherwise in order, the Registry shall number this appeal and list if for admission.

4. Print the name of Mr.G.M.Xavier, learned Counsel, appearing for the second respondent.

sd/- 28/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE PRESIDING OFFICER, LABOUR COURT, THIRUCHIRAPALLY.(DINDIGUL CAMP).

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2.THE GENERAL SECRETARY, TNSTC WORKERS UNION (AITUC), 92, MENGILS ROAD, DINDIGUL.

COPY TO THE OFFICER INCHARGE, TIRUPPUTTUR RURAL UPLIFT PROJECT ASSOCIATION (TRUPA), SIRUKUDALPATTY, TIRUPATHUR TALUK, SIVAGANGA DISTRICT.

ORDER

IN IN WA(MD) No.SR42571 of 2018 Date :28/09/2020 PKN TK/VR/SAR.1/30.09.2020/3P/4C 3/3