The Joint Director Of Employment And v. The Roman Catholic Diocese Of Thanjavur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 31.01.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI WMP(MD). No.25, 33, 78 and 80 of 2024 in Rev. Apl.W (MD) Nos.SR 96489, 96496, 96502 and 96562 of 2023 1.The Joint Director of Employment and training (CT and AT), Alandur Road Guindy, Chennai 600 032.

2.The Commissioner / Director of Employment and Training (CT and AT) Alandur Road Guindy, Chennai 600 032.

3.The State of Tamilnadu Rep. Its, Secretary to Government Labour and Employment Department Fort St. George, Chennai 600 009. ... Petitioners in WMP(MD) Nos.25 and 78 Vs The Roman Catholic Diocese of Thanjavur, St. Xaviers Industrial Training Centre, Thanjavur, Thanjavur District, Represented by its Secretary and Chancellor, Rev.Fr.A.John Zacharia ... Respondent in WMP(MD) Nos.25 and 78 1/5

WMP(MD) Nos.33 and 80/2024 1.The State of Tamilnadu Rep. Its, Secretary to Government Labour and Employment Department Fort St. George, Chennai 600 009.

2.The Director of Employment and Training (CT and AT) Alandur Road Guindy, Chennai 600 032.

3.The Joint Director of Employment and training (CT and AT), Alandur Road Guindy, Chennai 600 032.

4.The Regional Joint Director of Training, Trichy, Trichy District ... Petitioners Vs 1.S.Flora Mary 2.The Correspondent St. Xaviers Industrial Training Centre, Thanjavur, Thanjavur District, ... Respondent Common Prayer :- Petitions are filed under Section 5 of the Limitation Act to condone the delay of 267 days in filing the above review petition against the order dated 28.02.2023 made in WP.(MD) Nos.28924 of 2022, 8138/2021, 5751/2019 and 2782/2023. For Petitioner : M/s. M.Senthil Ayyanar Government Advocate 2/5

COMMON ORDER These applications have been filed to condone the delay of 267 days in preferring the review applications to review the order dated 28.02.2023 in W.P.(MD) Nos.28924 of 2022, 8138/2021, 5751/2019 and 2782/2023.

2. This Court, vide order dated 28.02.2023 issued a direction to the review petitioners/respondents to implement the order of this Court dated 19.06.2006 in W.P.No.4517 of 2006 and the letter of the Government dated 31.05.2016, within twelve weeks from the date of the receipt of the order, if there are no other legal impediment. In order to review the same, the petitioners are before this court.

3.Heard the learned counsel for the petitioners.

4. At the outset, it is to be seen that while disposing the writ petitions, this Court gave directions to the review petitioners to implement the orders of this court dated 19.06.2006, if there are no other 3/5

legal impediment and if there are any impediments and they are aggrieved by the orders of this court, the recourse open to them is to file an appeal and not a review petition. Instead of filing an appeal, the petitioners are before this court with these review petitions. In review proceedings, this Court could review an order only when there is an error apparent on the face of the record or if there are any technical error. However, in the instant cases, there is no error apparent on the face of record and this Court cannot re-adjudicate the issue. If at all the petitioners are aggrieved by the orders of this court, they can agitate the same by filing an appeal. Accordingly, these applications to condone the delay are dismissed. Consequently the review petitions are rejected at the SR stage itself. No costs.

31.01.2024 RR 4/5

M.DHANDAPANI. J RR

ORDER

IN WMP(MD). No.25, 33, 78 and 80 of 2024 in Rev. Apl.W (MD) Nos.SR 96489, 96496, 96502 and 96562 of 2023 Date : 31.01.2024 5/5