THE EXECUTIVE ENGINEER, TWAD BOARD, (TAMILNADU WATER SUPPLY AND DRAINAGE BOARD) Vs. R. THIRUMALAIKUMAR AND ORS.

JUDGEMENT

(1.) The instant appeal has chequered history. Despite given opportunities on several occasions, the writ petitioner failed to participate in the industrial dispute in I.D. No. 71 of 1995 pending before the Labour Court filed by the first respondent. The writ petition was filed seeking quashment of the order dated 12th December, 2012 passed in I.A. No. 94 of 2011 in I.A. No. 76 of 2010 in I.D. No. 351 of 1998.

(2.) It is apposite to refer to certain relevant facts before proceeding with the matter :

(3.) After a lapse of two years, the appellant filed I.A. No. 76 of 2010, seeking to set aside the ex parte award dated 31st October, 2008. That petition was dismissed on 12th November, 2010 as there was no representation for the Board. Again, the appellant Board filed another interlocutory application, being I.A. No. 158 of 2010, seeking to set aside the ex parte order of dismissal dated 12th November, 2010. The appellant also filed another application, being I.A. No. 94 of 2011, seeking to condone the delay of 100 days in filing the restoration application to restore I.A. No. 76 of 2010. The Labour Court dismissed the said application by order dated 12th December, 2012, stating that the appellant herein did not cooperate for the completion of industrial dispute and at every stage, there was delay on their part. Thereagainst, the instant writ petition has been filed.