Madras High Court
K.Naagarajan vs The Presiding Officer on 23 March, 2022
C.M.P.No.4825 of 2022
and W.A.No. SR 89679 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.P.No.4825 of 2022
and W.A.No. SR 89679 of 2020
K.Naagarajan .. Applicant/
Appellant
Vs
1.The Presiding Officer,
Labour Court,
Salem.
2.The Management of Titan Industries Limited,
(Watches Division),
Plot No.3, SIPCOT Industrial Complex,
Hosur,
Krishnagiri District - 635 126. .. Respondents/
Respondents
Prayer:
C.M.P.No.4824 of 2022 has been filed under Section 5 of the
Limitation Act to condone the delay of 811 days in filing the appeal
against the order dated 01.11.2019 in W.P.No.18158 of 2014.
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https://www.mhc.tn.gov.in/judis
C.M.P.No.4825 of 2022
and W.A.No. SR 89679 of 2020
W.A.No. SR 89679 of 2020 filed under Clause 15 of the Letters
Patent against the order 01.11.2019 in W.P.No.18158 of 2014.
For the Applicant/ : Mr.Thamaraiselvan
Appellant
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard on the application for condonation of delay of 811 days in
fling the appeal.
2. The affidavit in support of the application has been filed to
state that the writ petition filed by the second respondent
Management against the award of the Labour Court was allowed by
the order dated 01.11.2019. A copy of the order was made ready
and, accordingly, instructed the erstwhile counsel to prefer an appeal
and, accordingly, it was filed on 12.12.2020, but the appeal papers
returned due to some defects. After complying the defects, it was to
be represented. But due to the outbreak of the pandemic Covid-19,
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https://www.mhc.tn.gov.in/judis
C.M.P.No.4825 of 2022
and W.A.No. SR 89679 of 2020
steps could not be taken and, therefore, the delay of 811 days
occurred in filing the appeal.
3. We have considered the submissions made by learned
counsel for the applicant/writ appellant.
4. We find that the affidavit does not contain any explanation or
justification for filing the appeal on 12.12.2020, while the order is
dated 01.11.2019. The intervening period is of more than one year
and no explanation to it has been given in the affidavit. The
explanation of the delay is for a period subsequent to the expiry of
more than one year from the date of the order and getting the copy
of the same. In the absence of sufficient explanation for the delay
from the date of getting the copy till the filing of the appeal, we are
unable to accept the application, because the intervening period is
more than a year. Though subsequent to filing of the appeal, the
papers were returned due to some defects on 29.12.2020, steps were
not immediately taken for re-presenting the papers. Admittedly, the
erstwhile counsel received the papers on 04.01.2021, but no earnest
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https://www.mhc.tn.gov.in/judis
C.M.P.No.4825 of 2022
and W.A.No. SR 89679 of 2020
steps were taken to re-present the same. Thereafter, the papers
were with the applicant from 04.01.2021 till 10.01.2022 and the
same have not been re-presented. According to the applicant, it was
on account of the pandemic, which plea cannot be sustained, as in
the year 2021, the second surge started in the month of April. That
apart, the Court was fully functional during the said period through
virtual mode without any restraint to re-present the case.
5. Looking to those facts and in the absence of sufficient
explanation for the delay of more than a year before filing the appeal
and even thereupon, we find no justification to accept the application
for condonation of the delay of 811 days in filing the appeal and it is
accordingly dismissed. Consequently, the appeal is rejected at the
SR stage itself. There will be no order as to costs.
(M.N.B., CJ) (D.B.C., J.)
23.03.2022
Index : Yes/No
bbr
To
The Presiding Officer,
Labour Court, Salem.
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https://www.mhc.tn.gov.in/judis
C.M.P.No.4825 of 2022
and W.A.No. SR 89679 of 2020
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
bbr
C.M.P.No.4825 of 2022
and W.A.No. SR 89679 of 2020
23.03.2022
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https://www.mhc.tn.gov.in/judis
