Supreme Court - Daily Orders
The Management Of Dharasuram Primary ... vs N. Mohandoss on 6 September, 2024
Bench: Hrishikesh Roy, Prashant Kumar Mishra
ITEM NO.10 COURT NO.5 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 20037/2024
(Arising out of impugned judgment and order dated 11-06-2024 in WA
No. 863/2023 passed by the High Court of Judicature at Madras)
THE MANAGEMENT OF DHARASURAM PRIMARY
AGRICULTURAL COOPERATIVE CREDIT SOCIETY LTD. Petitioner(s)
VERSUS
N. MOHANDOSS Respondent(s)
(IA No.195080/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.195085/2024-EXEMPTION FROM FILING O.T.)
Date : 06-09-2024 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. S Nandkumar, Sr. Adv.
Mr. Jatin, AOR
Mr. R Satish Kumar, Adv.
Ms. Deepika Nandkumar, Adv.
Ms. V Susheatha, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
1. Heard Mr. S. Nandkumar, learned senior counsel appearing for the petitioner.
2. The counsel would point out that the respondent was a Clerk in the Petitioner - Cooperative Bank and for misappropriation of bank funds and manipulation of entries, the service of the respondent was terminated as far back as on 25.01.1985. The industrial Signature Not Verified dispute was then raised by the terminated Clerk but the Industrial Digitally signed by NITIN TALREJA Date: 2024.09.06 17:33:06 IST Reason: Dispute No. 253 of 1992 came to be dismissed for default on 14.08.1996.
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3. The respondent on 19.01.2004 filed an application for restoration of the industrial dispute case after a delay of 2699 days with the projection that he was convicted and was lodged in the Trichy Central Jail.
4. The learned Single Judge and the Labour Court, Cuddalore rejected the application for condonation of the inordinate delay. However, the learned Division Bench ordered for condonation of aforesaid delay by imposing cost of Rs.5,000/-. For allowing this, the Court noted that the petitioner was convicted on 02.05.1995 and he was acquitted only on 08.07.2021.
5. However, it is pointed out by the learned senior counsel for the petitioner that the respondent was granted bail on 10.08.1998 itself but he filed no immediate application for restoration of the case before the Industrial Tribunal within a reasonable time. Only after 7 years, the application came to be filed and therefore it is argued that the Labour Court and the learned Single Judge had rightly ordered for dismissal of the delay condonation application.
6. Issue notice, returnable in three weeks.
7. In the meantime, operation of the impugned order dated 11.06.2024, is stayed.
(NITIN TALREJA) (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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