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K.A.ABRAHAM, MANGATTORATHU v. THE LABOUR COURT, ERNAKULAM - WA No. 1443 of 2007  RD-KL 11250 (26 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWA No. 1443 of 2007()
1. K.A.ABRAHAM, MANGATTORATHU,
1. THE LABOUR COURT, ERNAKULAM.
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
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
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,
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