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Madras High CourtCMP(MD)/10406/2023allowed

M.Dharmalingam v. Tamil Nadu Transport Corporation

2024-01-23Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mr.Justice R.VIJAYAKUMAR in WA(MD) SR.No.53930 of 2023 M.DHARMALINGAM ... PETITIONER/APPELLANT Vs 1 TAMIL NADU TRANSPORT CORPORATION, REPRESENTED BY THE MANAGEMENT, KUMBAKONAM -KOTTAM -2, 1 - COLLECTOR OFFICE ROAD, TIRUCHIRAPPALLI.

2 THE LABOUR COURT TRICHY.

... 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 condone the delay of 477 days in filing the writ appeal in W.A.(MD).SR.No.53930 of 2023. Prayer in WA(MD) SR.No.53930 of 2023 :

To set-aside the order passed in W.P.(MD) No.12208 of 2010 dated 07.11.2019 on the file of this Hon'ble Court.

1/3

Prayer in WP(MD). 12208/ 2010 :

To issue a Writ of Certiorari to call for the records pertaining to the impugned award dated 30.09.2009 on the file of the Respondent No.2 in I.D.No.141 of 2006 and quash the same.

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.S.RAJASEKAR, Advocate for M/S.LAJAPATHI ROY AND ASSOCIATES for the petitioner and of MR.S.C.HEROLDSINGH, Advocate on behalf of the 1st respondent, the court made the following order:- (Order of the Court was made by D.KRISHNAKUMAR, J.) This petition is filed to condone the delay of 477 days in filing the W.A.SR.(MD) No.53930 of 2023.

2. The learned counsel for the first respondent / contesting respondent has no serious objections for allowing this application.

3. We have gone through the entire affidavit filed in support of this application. The reasons stated in the affidavit are not acceptable reasons. However, considering the request made by the learned counsel for the petitioner, this petition can be allowed on payment of cost of Rs.2,500/- (Rupees Two Thousand and Five Hundred only). The said amount shall be paid to the credit of the Environmental Committee Operated by Registrar (Judicial) [Account No.7633863037; MICR Code: 625019020, CIF No: 30602376727, IFSC Code: IDIB000H040, High Court Branch, Madurai (2001)] within a period of one week from the date of receipt of a copy of this order. 2/3

4. Post the matter after two weeks for reporting compliance. sd/- 23/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJ TO 1 THE MANAGEMENT, TAMIL NADU TRANSPORT CORPORATION, KUMBAKONAM -KOTTAM -2, 1 - COLLECTOR OFFICE ROAD, TIRUCHIRAPPALLI.

2 THE LABOUR COURT, TRICHY.

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.RAJASEKAR, Advocate ( SR-1039[I] dated 24/01/2024 ) ORDER IN in WA(MD) SR.No.53930 of 2023 Date :23/01/2024 RS/VR/SAR-(30.01.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3