Madras High CourtCMP(MD)/9341/2019dismissed

The Management v. P.Jothibasu

2019-10-16Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

C.M.P.[MD]No.9341 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI C.M.P.[MD]No.9341 of 2019 in W.A.[MD]SR.No.69017 of 2019 The Management, Tamil Nadu State Transport Corporation Madurai Division Ltd, Virudhunagar Region, (Formerly Tamil Nadu State Transport Corporation Madurai Division V), Virudhunagar.

: Petitioner/Appellant Vs.

1.P.Jothibasu 2.The Presiding Officer, Labour Court, Madurai.

: Respondents/Respondents PRAYER: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, praying to condone the delay of 341 days in filing the above Writ Appeal before this Court against the order dated 20.09.2018 made in W.P.[MD]No.932 of 2012 on the file of this Court. Prayer in WP(MD). 932/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the records on the files of the 1st respondent pertaining to its proceedings order passed in I.D.No.14 of 2008 dated 23.06.2011 and quash the same.

For Petitioner : Mr.J.Senthil Kumaraiah For Respondent No.1 : Mr.S.Govindan

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.Senthil Kumariah, learned Standing Counsel for the petitioner and Mr.S.Govindan, learned Counsel accepting notice for the first respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P.[MD]No.9341 of 2019 2.There is a delay of 341 days in filing the Writ Appeal against the order in W.P.[MD]No.932 of 2012 dated 20.09.2018. 3.We have perused the affidavit filed in support of this petition. Though, the affidavit is a five page affidavit, up to paragraph 8, it deals with the merits of the matter. In paragraph No.9, it is stated that after the receipt of the order in the writ petition, the files were placed before the Board of Directors of the petitioner Corporation and thereafter forwarded to the Management on 23.08.2019. The averments are absolutely vague. No sufficient cause has been shown to condone the inordinate delay. Therefore, we find no justification to entertain this petition.

4.Accordingly, this Civil Miscellaneous Petition is dismissed. Consequently, the Writ Appeal is rejected in the SR stage itself.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) MR TO The Presiding Officer, Labour Court, Madurai.

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-93011[F] dated 18/10/2019 ) +1cc to Mr.S.Govindan,Advocate, SR.No.92091 Order made in C.M.P.[MD]No.9341 of 2019 in W.A.[MD]SR.No.69017 of 2019 Dated: 16.10.2019 JMN(25.10.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2