The Madurai bench restored a Writ Appeal dismissed for non-prosecution to the file. The court accepted the petitioner's reasons, allowing the petition and restoring the appeal to be disposed of on merits.
Petition allowed; Writ Appeal restored to file to be disposed of on merits.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Twenty Second day of April Two Thousand Sixteen
PRESENT
The Honble Mr.Justice S.MANIKUMAR and The Honble Mr.Justice S.S.SUNDAR
CMP(MD) No.3150 of 2016 IN WA(MD) No.79 of 2015 against WP.(MD).NO.1412 of 2010
THE MANAGEMENT
ARUL ANANDAR COLLEGE, KARUMATHUR, MADURAI DISTRICT - 625 514. ... PETITIONER/APPELLANT/PETITIONER
1 THE PRESIDING OFFICER LABOUR COURT, DISTRICT COURT BUILDINGS, MELUR ROAD, MADURAI - 625 020.
2 M.RAJENDRAN ... RESPONDENTS/RESPONDENTS/
RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the order passed on 10.09.2015 in WA.(MD).No.79/2015 dismissing the same for non appearance, restore the appeal in to file and to dispose the same on merits.
PRAYER IN WA.(MD).NO.79 of 2015:
Writ Appeal filed under clause 15 of the letters patent praying to allow the Appeal, set aside the order passed in WP.(MD). No.1412/10 dt.31/10/14.
Prayer in WP(MD). 1412/ 2010 :
Writ Petition is filed under Article 226 of the Constitution of India, for the issue of a WRIT OF CERTIORARI, calling for the records of the 1st Respondent, in his file I.D.579/1989 and QUASH the Award Dt.2-04-09.
ORDER : This petition coming on for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. S.SEENIVASAGAM, Advocate for the petitioner and of Mr.S.Arunachalam, Advocate for the Second respondent and the first respondent in the Labour court, the court made the following https://hcservices.ecourts.gov.in/hcservices/ order:-
This petition is to restore the writ appeal, dismissed for non-prosecution on 10/09/2015.
Contesting 2nd respondent has filed counter affidavit . We
are satisfied with the reasons assigned. Petition is allowed and Writ Appeal is restored to file.
Sd/-
Assistant Registrar(CS II)
/True copy/
Sub Assistant Registrar
TO
THE PRESIDING OFFICER LABOUR COURT, DISTRICT COURT BUILDINGS, MELUR ROAD, MADURAI - 625 020.
sm:GSV-MP:SAR I:10.5.2016:2P/2C
2 issues framed by the court
Whether the writ appeal dismissed as not prosecuted can be restored to file.
Whether to allow the petition to restore the writ appeal for disposal on merits.
3 provisions across 3 enactments
The Management, Arul Anandar College
The Presiding Officer, Labour Court
M. Rajendran
S. MANIKUMAR
S. S. SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
