IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2571 of 2009()
1. V.C.RADHAKRISHNAN,
... Petitioner
Vs
1. THE KERALA WATER AUTHORITY,
... Respondent
2. THE LABOUR COURT,KOZHIKODE.
For Petitioner :SRI.C.K.JAYAKUMAR
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :20/11/2009
O R D E R
S.R.Bannurmath, C.J. & A.K. Basheer, J.
------------------------------------------
W.A.No.2571 of 2009 &
C.M.Appln.No.1204 of 2009
------------------------------------------
Dated this the 20th day of November, 2009
JUDGMENT
A.K.Basheer, J.
This application is filed under Section 5 of the
Limitation Act praying to condone the delay of 1039 days in filing
the writ appeal.
2. We have perused the averments made by the
applicant in the affidavit filed in support of the application. It is
admitted by him that his services as pump operator were not
regularised and he was terminated from service by the Kerala Water
Authority on August 1, 1987. However, he came to know later that
services of some similarly placed employees were regularised
pursuant to the judgment in O.P.No.12300 of 1998. According to
the deponent, he was undergoing Ayurvedic treatment for certain
injuries sustained by him due to a fall from a building. He further
submits that he had approached the High Court Legal Services
Committee seeking assistance.
3. Having carefully perused the various averments made
in the affidavit, we are not at all satisfied that the inordinate delay of
1039 days in filing the appeal can be condoned, especially since
there is absolutely no satisfactory explanation. Therefore, the
application is dismissed.
Consequently, the writ appeal is also dismissed.
S.R.Bannurmath,
Chief Justice
A.K. Basheer,
Judge
vns