TMT. G. CHITRA Vs. MANAGEMENT, T. 1659, PANJANIDHI KOTTAI PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY LTD.

JUDGEMENT

(1.) The writ on hand is filed challenging the order dated 13.07.2017 made in I.A. No. 117 of 2016 in C.P. No. 26 of 2015.

(2.) The learned counsel for the petitioners state that the 1st petitioner is the mother of the 3rd petitioner an the 2nd and 4th petitioners are the sister and brother of the 3rd petitioner and all the petitioners are the legal heirs of Mr. V. Ganesan, who was working as Secretary of the respondent Cooperative Society and retired from service on 30.06.2014. The Secretary of the society namely Mr. V. Ganesan died on 28.11.2015.

(3.) The grievances of the writ petitioners are that the terminal and retirement benefits due to the employee has not been settled. In fact, the Computation Petition was filed by the deceased employee himself before the Labour Court, Cuddalore, claiming Rs. 9,27,714.50 towards his retirement benefits. During the pendency of the Computation Petition bearing C.P. No. 26 of 2015, the father of the 3rd respondent, the deceased employee died on 28.11.2015. The petitioners have applied for Legal Heir Certificate and meanwhile, the claim petition No. 26 of 2005 was posted on 19.05.2016, the petitioners were not in station and went to their native Village for performing Pooja for their family deity. At that point of time, the C.P filed by the deceased employee was dismissed for not taking steps in C.P. No. 26 of 2015. The writ petitioners were unable to take steps immediately. Thus, the petitioners have filed petition to condone the delay of 33 days in filing the set aside petition and the said petition to condone the delay to file the set aside petition in respect of the Exparte order is dismissed in order dated 13.07.2017, against which, the present writ petition is filed.