10 yrs on, plea against tribunal award rejected

Dismissing the plea on the ground of delay and laches Justice S M Subramaniam said, “The writ petitioner-Sangam was very much aware of the award and they had taken a decision not to approach the HC, within the reasonable period of time and now the present writ petition is filed after a lapse of 10 years, cannot be entertained.” “Mere pendency in the filing of the writ petition, cannot be a ground to condone the delay of 10 years as the writ petitioner-Sangam themselves have not exercised their right by filing a writ petition within the reasonable period of time,” the judge said.

He also held that this Court has no hesitation in concluding that the delay of 10 years is not explained properly, and the reasons stated that the Secretary of the writ petitioner-Sangam was in ill-health, cannot be a valid ground to condone such a long delay. The sangam had submitted that the writ petition is for counting the earlier services of the members in the Cooperative Society for the purpose of reckoning the qualifying services for grant of pension and pensionary benefits by TNEB. Their council contended that the members of the Sangam were initially appointed by the Management of the Cooperative Society constituted by TNEB. But they were not permanently absorbed by the Electricity Board and their services were accounted for only from the date they joined TNEB.

Based on this, they raised a claim for counting of the services rendered by them in the Cooperative Society. But the claim was rejected by the Industrial Tribunal by way of a Common Award passed in 2009.

Instead of appealing then, the Sangam stated that they were unable to file a writ petition immediately after the passing of the Award as the Secretary of the Sangam was seriously ill.