Dr.Viji Thamby Solomon v. The Appellate Authority And Deputy Chief Labour Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE in W.A.(MD)No.477 of 2019 Viji Thamby Solomon ... Petitioner Vs.

1.The Appellate Authority and Deputy Chief Labour Commissioner (Central), Chennai.

2.The Regional Labour Commissioner (Central), Ministry of Labour and Employment, Office of the Assistant Labour Commissioner, New No.5, Lady Doak College Road, Chinna Chokkikulam, Madurai-625 002, Madurai District.

3.The President, Ecumenical Church Loan Fund of India, (ECLOF India), No.9, Lotus Ramasamy Street, Royapuram, Chennai-600 013.

...Respondents

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PRAYER: Application filed under Order 47 Rule 1 r/w Section 114 of C.P.C., to review the order dated 15.04.2019 passed in W.A.(MD)No.477 of 2019 by this Court.

For Petitioner : Mr.A.R.Rithik Sushil, for M/s.T.Lajapathi Roy and Associates

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) This Review Petition has been filed to review the order dated 15.04.2019 made in W.A.(MD)No.477 of 2019.

2.The learned counsel appearing for the review petitioner would contend that this Court has failed to appreciate the ground raised by the writ appellant. 3.The ground for appeal cannot be considered in a review petition. This Court confirmed the order of the learned Single Judge passed in the Writ Petition mainly on the ground that the review petitioner has approached the authorities competent after the delay of 10 1⁄2 years and in the event of reopening, it would result in causing prejudice to the 3rd respondent in the Writ Appeal. Considering 2/4

the merits and the long delay in initiating action by the review petitioner, the Writ Appeal was dismissed. However, the present review petition has been filed, raising grounds on merits, which cannot be adjudicated in the review petition. The petitioner has failed to establish any error apparent, warranting interference of this Court in exercise of review powers. Thus, this Review Petition stands dismissed. No costs.

(S.M.S., J.) & (A.D.M.C., J.) 29.07.2025 NCC : Yes / No Index : Yes / No Yuva 3/4

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

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