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Vanaja & Others v/s Sri Saravana Transport, Kancheepuram & Another


Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- SRI B L C PVT LTD [Active] CIN = U92111WB1981PTC033844

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

    C.M.P.No. 11453 of 2020 in C.M.A.SR.No. 68425 of 2020

    Decided On, 12 February 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Appellants: A.G.F. Terry Chellaraja, Advocate. For the Respondents: R2, J. Michael Visuvasam, Advocate, R1, No appearance, S. Jeganathan, Government Advocate(CS).



Judgment Text

(Prayer: This Civil Miscellaneous Petition is filed to condone the delay of 460 days in filing the C.M.A. to the award dated 22.10.2018 and made in E.C.No.293 of 2011 on the file of the Commissioner for Employee's Compensation Court, Joint Commissioner of Labour-II, Chennai.)The learned counsel appearing on behalf of the applicants state that the copy of the Award was not received by the applicant. However, the office of the Joint Commissioner of Labour – II, Chennai, produced the Dispatch Register, in which it is found that the copies are sent. However, it was not sent through the Registered Post. The Award copies are sent through ordinary post. Therefore, this Court is not in a position to ascertain whether the copy of the order was received or not. The learned counsel for the applicants states that the applicant had not received the copy of the Award. The applicant submitted a copy application and obtained the Award copy and thereafter filed an appeal.2. The Commissioner of Labour should ensure that the order copies are properly sent to the parties to the litigation or to the learned counsels appearing on behalf of the parties through Registered Post or in person by receiving acknowledgment for such receipt. At the outset, the mode of communication must be proper, so as to ensure that such allegations are not raised against the Department of Labour. If the Award copies are sent through ordinary posts, then there is a possibility that even after receiving the copy, parties may claim that they have not received the Award only for the purpose of condoning delay in filing further appeal to the higher Courts.3. The Commissioner of Labour must ensure that the copy of the Award are sent through Registered Post or through any other mode with acknowledgment, even in case the order copies are handed over in person or to the learned counsel appearing on behalf of the parties, acknowledgment is to be obtained or copies are issued by accepting the application to establish the same that the copy of the award was communicated to the parties. Full proof procedure is required, in order to ensure that award copies are received and further to avoid unnecessary allegations against the Department of Labour regarding non-receipt of Award copies by the parties.4. Thus, the Commissioner of Labour is directed to formulate an acceptable procedure for serving the copy of the Award to the litigants, so as to avoid any further disputes in this regard between the parties. The Commissioner of Labour is directed to issue a circular to all sub-ordinate officials to follow such procedures scrupulously which is to be formulated by the Commissioner and in the event of any violation, the Commissioner should ensure that action are initiated against such sub-ordinate officials.5. Even digital mode of communication can also be preferred by the Department of Labour. The Award copy once signed by the Competent Authority may be uploaded in the official website of the Department of Labour enabling the parties to access the copy of the Award. In such circumstances, the parties or the respective learned counsels appearing on behalf of the parties would be in a position to download the copy of the Award and take a print copy. Thus, such a mode also may be adopted by the Commissioner of Labour, so as to avoid unnecessary postal expenditures.6. Tamil Nadu Government has already introduced E-Governance and therefore, every Department has its own official website and such communication of the copy of the Award to all the parties enabling them to get the copy of the order without any further delay.7. The members of the Bar, practicing on workmen's side raised certain allegations against the manner of functioning of Competent Authorities under the control of the Department of Labour. It is contended that the Awards are signed by putting anti-date and there are certain instances, parties are suffering on account of demand of extraneous considerations. At the outset, they are raising an allegation of corruption against the authorities. It is the duty of the Commissioner to ensure that such extraneous considerations during the adjudication or regarding the issuance of Award copy to the parties must be properly vigiled and suitable actions are to be initiated against the erring officials. In the event of any lapses, negligence, dereliction of duty, corrupt activities, the Commissioner of Labour is expected to initiate action with iron hand and there cannot be any leniency or otherwise. All suitable actions are to be initiated against such officials who all are committing such misconducts as well as corrupt activities in the matter of hearing of the cases or signing of the orders or issuance of the Award copies to the parties or the learned counsels.8. In view of the fact many number of bar members are raising these allegations, this Court thought fit that suitable directions are to be issued to the Commissioner of Labour, so as to ensure that the citizen of our great nation who are approaching for legal remedy and more specifically, 'workmen' should not suffer on account of such irregularities or illegalities.9. The Commissioner of Labour in this regard is directed to constitute a Special Cell in the directorate to monitor these kind of irregularities and illegalities in the office of the Competent Authorities across the State. The Special Cell must contain a separate telephone number and a website enabling the workmen or the learned counsels appearing for the parties to register their complaint enabling the Commissioner to initiate further actions on such complaints.10. The Registry of High Court is directed to communicate the copy

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of this order to the Commissioner of Labour, Teynampet, DMS Complex, Chennai – 06.11. As far as the present case is concerned, the learned counsel appearing for the respondent / Insurance Company also states that in the Award copy, there is no mentioning regarding the communication of the Award to the Insurance Company. Under these circumstances, this Court is of an opinion that the delay is to be condoned, as there is no proof for serving of the Award Copy to the applicants and as well as to the respondent / Insurance company.12. Accordingly, delay stands condoned and the present Civil Miscellaneous Petition stands ordered.
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