The Managing Director v. The Presiding Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.03.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MS JUSTICE R.POORNIMA C.M.P(MD)No.15894 of 2024 in W.A(MD)SRNo.77899 of 2024 and W.A(MD)SR.No.77899 of 2024 The Management, Tamil Nadu State Transport Corporation, Virudhunagar Region, Madurai Road, ... Appellant/Petitioner in C.M.P(MD)No.15894 of 2024 .Vs.

1.The Presiding Officer, Labour Court, District Court Buildings, Madurai.

2.G.Rajaguri ... Respondents/Respondents in C.M.P(MD)No.15894 of 2024 PRAYER in C.M.P(MD)No.15894 of 2024: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act praying this Court to condone the delay of 1/5

883 days in filing the above Writ Appeal against the order of this Court made in W.P(MD)No.16740 of 2018, dted 28.4.2022.

PRAYER in W.A(MD)SR.No.77899 of 2024: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order of this Court made in W.P(MD)No.16740 of 2018, dated 28.4.2022.

For Petitioner/ : Mr.Gladson Michael Rajadurai Appellant in both cases For Respondent-1 : Mr.D.Gandhiraj in both cases Special Govt.Pleader For Respondent-2 : M.S.Govindan in both cases COMMON ORDER DR.G.JAYACHANDRAN., J AND R.POORNIMA.,J The Civil Miscellaneous Petition is filed to condone the delay of 883 days in filing the above Writ Appeal against the order of this Court made in W.P(MD)No.16740 of 2018, dated 28.04.2022.

2.Heard the learned counsel appearing on either side and perused the 2/5

materials placed before this Court.

3.The application is filed to codone the delay of 883 days in preferring the above Writ Appeal against the order passed by the learned Single Judge. The General Manager of the Tamil Nadu State Transport Corporation has sworn in the affidavit filed in support of the condone delay application. It is stated that the order copy in W.P(MD)No.16740 of 2018, dated 28.4.2022 was received on 17.07.2023 and after placing the matter before the Board and after obtaining opinion from the Government, the Writ Appeal was filed. In the said course, there is a delay of 883 days.

4.From the typed-set of papers, this Court finds that the impugned order was passed by the learned Single Judge on 28.4.2022.The copy application itself was made only on 3.10.2024 with a delay of more than 2 1⁄2 years.Having not filed the copy application in time and had taken 883 days in preferring this Writ Appeal, without any hesitation, the appellant has given lame execuse, which is not factually correct.

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5.Hence, the application to condone the delay of 883 days in preferring the above Writ Appeal is dismissed, for want of sufficient reasons. Consequently, the main Writ Appeal is dismissed at SR stage itself. No costs. [G.J.,J.] [R.P.,J.] 13.03.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To The Presiding Officer, Labour Court, District Court Buildings, Madurai.

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DR.G.JAYACHANDRAN, J.

and R.POORNIMA ,J.

vsn COMMON ORDER MADE IN C.M.P(MD)No.15894 of 2024 in W.A(MD)SRNo.77899 of 2024 and W.A(MD)SR.No.77899 of 2024 13.03.2025 5/5