IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 1443 of 2007()
1. K.A.ABRAHAM, MANGATTORATHU,
... Petitioner
Vs
1. THE LABOUR COURT, ERNAKULAM.
... Respondent
2. KUNNAPPALLY KSHEEROPADAKA SAHAKARANA
For Petitioner :SRI.LEGY ABRAHAM
For Respondent :SRI.JOSE J.MATHAIKAL
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :26/06/2007
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.
----------------------------------------------------------------------------
C.M.Appln. No.604 of 2007 and W.A.No.1443 of 2007
----------------------------------------------------------------------------
Dated, this the 26th day of June, 2007
JUDGMENT
H.L. DATTU, CJ.
The appellant in this appeal calls in question the correctness or
otherwise of the orders passed by the learned Single Judge in
O.P.No.18443/1995 dated 16th March 2005. By the impugned order the
learned Judge has rejected the writ petition only on the ground that though
the respondents were prepared to reinstate the petitioner into service, for
some reason or other the petitioner did not chose to accept the offer made
by the respondent society.
2. There is a delay in filing the writ appeal. For condonation of
delay in filing the appeal, petitioner has filed an application under section 5
of the Limitation Act.
3. In the affidavit filed along with the application the petitioner has
stated that he was suffering from some ailments and further there was a
tussle between him and his son and therefore he could not contact his
advocate to prefer an appeal within the period of limitation.
4. There is a delay of 772 days in filing the appeal and the delay in
filing the appeal is not properly explained. The reason assigned by the
applicant in the affidavit, in our opinion, is wholly unsatisfactory. Therefore
the said explanation cannot be accepted by us. Therefore the application
W.A.No.1443/2007 2
for condoning the delay in filing the appeal requires to be rejected.
Accordingly it is rejected.
Consequently the appeal also stands rejected. Ordered
accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN,
JUDGE.
mt/