Madras High CourtWMP(MD)/7756/2023allowed

P.Murugesan v. The Presiding Officer

2024-06-14Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Fourteenth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in REV.APLW(MD) SR No.22225 of 2023 P.MURUGESAN ... Review Applicant / Petitioner Vs 1 THE PRESIDING OFFICER LABOUR COURT, TIRUCHIRAPALLI.

2 THE PRESIDENT NATIONAL HORTICULTURAL RESEARCH AND DEVELOPMENT FOUNDATION (NHRDF) NASIK-422201 THROUGH DR.SURESH DIGADE DEPUTY DIRECTOR, NHRDF, PRESENTLY HAVING HIS OFFICE AT 5/5B1B SHAKTHI VINAYAKAR NAGAR VELLALORE, COIMBATORE-641111.

AGAIN THE 2ND RESPONDENT NASIK OFFICE WAS SHIFTED AND PRESENTLY FUNCTIONING NOW AT 1/5

THE PRESIDENT, NATIONAL HORTICULTURAL RESEARCH AND DEVELOPMENT FOUNDATION 47, PANKHA ROAD, INSTITUTIONAL AREA, JANAKPURI, NEW DELHI-110058 ... Respondents / Respondents Writ 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 323 days in filing this Review application against the writ order, dated 04.04.2022 passed in W.P(MD) No.15993 of 2015. Prayer in REV.APLW(MD) SR No.22225 of 2023:

To review the order, dated 04.04.2022 passed in WP(MD) No.15993 of 2015 and allow the review application, consequently allow the writ petition as prayed for. Prayer in WP(MD). 15993/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue the Writ or Direction or any other appropriate writ in the nature of Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 1st Respondent Presiding officer, Labour Court, Thiruchirappalli in I.A.No. 4/2015 in ID No. 100/2010 dated 28th July, 2015, quash the same and further directing the 1st Respondent presiding officer to pass fresh order in the Said IA No. 4/2015 in ID No. 100/2010 on merits, based on the material available on the Labour Court Record.

ORDER : This writ 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.MURUGESAN.P, Party-in-Person for the petitioner and of Mr.V.O.S.KALAISELVAM, Advocate on behalf of the Respondent No.2, the Court made the following order:- This Petition is filed to condone the delay of 323 days in filing this Review Application.

2. Heard and perused the materials available on record. 2/5

3. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.

4. This petition is allowed on condition that the petitioner shall pay the cost of Rs.750/- (Rupees Seven Fifty Only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche within a period of Four weeks from the date of receipt of a copy of this order.

5. On such payment being made, Registry is directed to number the Review application, if it is otherwise in order. sd/- 14/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA To 1 THE PRESIDING OFFICER LABOUR COURT, TIRUCHIRAPALLI.

3/5

AGAIN THE 2ND RESPONDENT NASIK OFFICE WAS SHIFTED AND PRESENTLY FUNCTIONING NOW AT THE PRESIDENT, NATIONAL HORTICULTURAL RESEARCH AND DEVELOPMENT FOUNDATION 47, PANKHA ROAD, INSTITUTIONAL AREA, JANAKPURI, NEW DELHI-110058 COPY TO:

1.THE SUB ASSISTANT REGISTRAR, WRIT AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in REV.APLW(MD) SR No.22225 of 2023 Date :14/06/2024 4/5

ED/ GS /SAR- (21/06/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5