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2001 Supreme(Mad) 764

V.S.SIRPURKAR, P.K.MISRA
The Management of Southern Railway, Tondiarpet Marshalling Yard Staff Co-operative Canteen Limited, Madras – Appellant
Versus
The Workmen of Southern Railway, Tondiarpet Marshalling Yard Staff Co-operative Canteen Limited, Madras and another – Respondent


Advocates:
R.Sivakuamr, for Aparna Nandakumar, for Appellant.
V.Prakash, for Respondent No.1.

V.S.Sirpurkar, J.: The present writ appeal is against the order passed by the learned single Judge refusing to condone the delay in making a restoration application as the writ petition filed by the petitioner was dismissed in default. The application is belated by 271 days. This was a writ petition where the award in favour of the 17 workmen was challenged. By that award, it was directed that those workmen should be paid in the same manner as the other permanent employees were being paid. The writ petition challenging the award was filed somewhere in 1992 and it was dismissed somewhere in the year 1999. For those seven years, the writ petition remained pending till it was dismissed on 28.6.1999. After that, it is only in the month of April, 2000 that the application for restoration and the present application for condonation of delay in making the application for restoration came to be filed. Obviously, the reasons for condonation of delay as also the reasons for restoration of the writ petition are practically one and the same. What is stated is that the learned counsel who was appearing on behalf of the petitioners had become old and had some family problems and therefore had to








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