The Tamilnadu State Transport Corporation (Kumbakonam) Limited, v. V.Prabakaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty First day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in WA(MD)S.R.No.51609 of 2024 1 THE TAMILNADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, REP. BY ITS MANAGING DIRECTOR, KUMBAKONAM 2 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, TRICHY REGION, TRICHY 620 001 ... PETITIONERS/APPELLANTS Vs 1 V.PRABAKARAN 2 THE CHIEF FINANCIAL OFFICER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, KUMBAKONAM.

... RESPONDENTS/RESPONDENTS Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to 1/4

Condone the delay of 286 days in filing this Writ Appeal as against the order this Honourable Court in WP(MD). No.19245 of 2023 dated 09.08.2023. PRAYER in WA(MD)S.R.No.51609 of 2024:

To set aside the order passed in W.P(MD).No.19245 of 2023 dated 09-08-2023. Prayer in WP(MD). 19245/ 2023 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue of Writ of Mandamus directing the respondents to pay voluntary Retirement Compensation Amount and also along with the interest at the rate of 18 percent per annum for the belated payment of retirement benefits including Gratuity, Provident Fund and Voluntary Retirement Compensation Amount and within the time limit that may be fixed by this Honble Court 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.D.SIVARAMAN, Advocate on behalf of the 1st Respondent and of none appeared either in person or through by an advocate on behalf of the 2nd respondent, the Court made the following order:- This petition is filed to condone the delay of 286 days in filing the appeal.

2. The first respondent has filed a counter affidavit stating that the order of the learned Single Judge in W.P.(MD)No.19245 of 2023 was not complied by the appellants. Hence, the first respondent has filed a contempt petition in Cont.P.(MD) No.807 of 2024. When the contempt petition came up before the learned Single Judge, the appellants complied with the order of the writ Court in part and also undertook to comply with the rest of the order. However, now, they have filed the present appeal before this Court.

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3. The reasons stated in the accompanying affidavit filed in support of this petition are not satisfactory. Hence, this Court is not inclined to condone the delay. Accordingly, the petition is dismissed.

sd/- 21/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 THE TAMILNADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, REP. BY ITS MANAGING DIRECTOR, KUMBAKONAM 2 THE GENERAL MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, TRICHY REGION, TRICHY 620 001 3 THE CHIEF FINANCIAL OFFICER, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED, KUMBAKONAM.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-12854[I] dated 22/10/2024 ) 3/4

ORDER

IN in WA(MD)S.R.No.51609 of 2024 Date :21/10/2024 SS/MMS/SAR- /28/10/2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4