Madras High Court
S.Veeraperumal vs The Chief Engineer on 8 June, 2021
W.A.(MD)No.1115 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1115 of 2021
S.Veeraperumal ... Appellant /1st Respondent
Vs.
1.The Chief Engineer,
Tuticorin Thermal Power Station, Tuticorin.
2.Superintending Engineer,
Tuticorin Thermal Power Station, Tuticorin – 628 004.
3.The Executive Engineer,
Tuticorin Thermal Power Station, Tuticorin, Tuticorin – 628 004.
4.Managing Director,
Tuticorin Thermal Power Station,
Industrial Co-operative Service Society Ltd.
Ind no.1742, Tuticorin, Tuticorin – 628 004.
5.Chairman
Tamil Nadu Electricty Board,
Anna Salai,
Chennai – 600 002. .. Respondents 1 to 5/Writ petitioners
6.The Presiding Officer,
Labour Court, Tirunelveli. .. 6th Respondent/2nd Respondent
https://www.mhc.tn.gov.in/judis/
1/5
W.A.(MD)No.1115 of 2021
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 13.11.2018 made in W.P.(MD)No.7483 of 2009.
For Appellant : Mr.S.Chellapandian
For Respondents : Mr.T.S.Gopalan for R1 to R3 & R5
No Appearance for R4
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.S.Chellapandian, learned counsel appearing for the
appellant and Mr.T.S.Gopalan, learned counsel appearing for the respondents 1
to 3 and 5.
2.This writ appeal by the first respondent in the writ petition is
directed against the order, dated 13.11.2018 in W.P.(MD).No.7483 of 2009.
3.The respondents 1 to 5/writ petitioners filed the writ petition,
challenging the award of the Labour Court, Tirunelveli, in I.D.No.35 of 2002,
dated 20.12.2007, in a dispute raised by the appellant.
4.We are not examining the merits of the matter, but we are only
concerned with the submission that the appellant did not have adequate
opportunity to putforth his contention.
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W.A.(MD)No.1115 of 2021
5.It appears that the writ petition filed by the respondents 1 to 5 / writ
petitioners was dismissed for default and subsequently, an application for
restoration was filed and there was a delay in filing the restoration application.
Private notice in the condone delay petition was served on the appellant and
since he did not appear on the said date, it appears that the condone delay
petition was allowed. The writ petition was restored to the file of the Court and
the writ petition has been allowed by the impugned order. Though the learned
counsel appearing for the respondents 1 to 5 submitted that the writ petition was
listed on several days, the Court is of the view that the appellant/workman
should be given reasonable opportunity to putforth his submissions.
6.It is seen that the writ petition was filed in the year 2009.
Thereafter, the matter was dismissed for default in the year 2012 and restored in
the year 2018, that too after five years, when the petition was filed, reasonable
opportunity should be granted to the workman, who was the first respondent in
the writ petition. Therefore, for such reason, we are inclined to interfere with
the impugned order without making any observation on the merits of the matter.
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W.A.(MD)No.1115 of 2021
7.Accordingly, the writ appeal is allowed and the order passed in the
the writ petition is set aside and the writ petition is restored to the file of the
learned Single Judge with a request to the learned Single Bench to take up the
writ petition for hearing at any earlier date, convenient to the Honourable Single
Bench. It is open to the appellant to file a counter affidavit in the writ petition.
No costs.
[T.S.S., J.] & [S.A.I., J.]
08.06.2021
Index : Yes / No
Internet : Yes / No
TM/PS
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1115 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
TM/PS
JUDGMENT MADE IN
W.A.(MD)No.1115 of 2021
08.06.2021
https://www.mhc.tn.gov.in/judis/
