M/S.P.E.Industries v. The Employees State Insurance

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirty First day of July Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6749 of 2019 In CMA (MD) No.SR 7989 of 2019 M/S.P.E.INDUSTRIES THROUGH ITS PARTNER N.CHOKALINGAM, MASTHANPATTI, MADURAI.

... PETITIONER/PETITIONER Vs 1 THE EMPLOYEES STATE INSURANCE CORPORATION, THROUGH ITS JOINT DIRECTOR, SUB-REGIONAL OFFICE, 4TH MAIN ROAD, K.K.NAGAR, MADURAI.

2 THE RECOVERY OFFICER THE EMPLOYEES STATE INSURANCE CORPORATION, THROUGH ITS JOINT DIRECTOR, SUB REGIONAL OFFICE, 4TH MAIN ROAD, K.K.NAGAR, MADURAI.

... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 136 days in representing the above C.M.A.S.R. (MD). No.7989 of 2019.

PRAYER IN CMA (MD) No.SR 7989 of 2019 To set aside the award passed in E.S.I.O.P.No.81 of 2009 dated 24.10.2018 on the file of the E.S.I.Court (Labour Court), Madurai by allowing this Civil Miscellaneous Appeal.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.ARAVINDAN, Advocate for the petitioner, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 136 days in representing the above Civil Miscellaneous Appeal.

https://hcservices.ecourts.gov.in/hcservices/

2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Services Committee, attached to this Bench,within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 31/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, E.S.I. COURT (LABOUR COURT), MADURAI Copy to:

1.

The Officer-in-Charge, Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

2.

The Sub Assistant Registrar (AE), AE Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CMP(MD) No.6749 of 2019 In CMA (MD) No.SR 7989 of 2019 Date :31/07/2019 smn JMN/PN/SAR-2/06.08.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/