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Supreme Court - Daily Orders

Sri Arunachaleswarar Mills, ... vs The Joint Secretary, Department Of ... on 27 March, 2015

Bench: J. Chelameswar, R.K. Agrawal

                                                     1

     ITEM NO.3                             COURT NO.6                SECTION XV

                                   S U P R E M E C O U R T O F     I N D I A
                                           RECORD OF PROCEEDINGS

     I.A. 3-4/2015 in Petition(s) for Special Leave to Appeal (C)
     No(s).1312-1313/2015

     (Arising out of impugned final judgment and order dated 13/08/2014
     in MP No. 2/2013,15/09/2014 in MP No. 2/2013,15/09/2014 in WASR No.
     83956/2010,13/08/2014 in WASR No. 83956/2010 passed by the High
     Court Of Madras)

     SRI ARUNACHALESWARAR MILLS, REPRESENTED
     BY ITS PARTNER NATARAJAMOORTHY                                        Petitioner(s)

                                                    VERSUS

     THE JOINT SECRETARY, DEPARTMENT OF INDUSTRIES & ORS.                 Respondent(s)

     (for rectification of order dated 28.01.2015 and office report)

     Date : 27/03/2015 These applications were called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE J. CHELAMESWAR
                          HON'BLE MR. JUSTICE R.K. AGRAWAL

     For Petitioner(s)                 Mr. Guru Krishna Kumar,Sr.Adv.
                                       Mr. R. Gopalakrishnan,Adv.


     For Respondent(s)


                           UPON hearing the counsel the Court made the following
                                              O R D E R

While dismissing the special leave petitions on 28.1.2015, this Court recorded as follows:

“Heard.
We find no merit in these special leave petitions and they are dismissed accordingly. Signature Not Verified Digitally signed by Om Parkash Sharma Date: 2015.03.27 However, as requested by learned senior counsel 16:41:17 IST Reason: appearing for the petitioner, three months' time is allowed to the petitioner to comply with the directions given in the Award”.
2
The special leave petition was filed for condonation of delay against the order of the High Court by which an application for condonation of delay in filing the writ appeal came to be disposed of with certain directions regarding the deposit of the amount within the stipulated time with a rider that failure to deposit the amount would entail the dismissal of the writ appeal. Since the applicant-petitioner herein could not make the deposit as directed by the High Court, the petitioner apprehends that the order dated 27.10.2014 of the High Court will be construed as having been worked out, therefore seeks a clarification. In the circumstances, we deem it appropriate to clarify that if the petitioner makes the deposit of the amount before the High Court, as awarded by the Labour in ID No.28/2000 within three months from 28.1.2014, the High Court will consider the Writ Appeal on merits and dispose of the same in accordance with law. I.A.No.3-4/2015 stand disposed of accordingly.
 [O.P. SHARMA]                                [INDU BALA KAPUR]
  COURT MASTER                                  COURT MASTER