IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WA.No. 2571 of 2009 -------------- ------------------ AGAINST THE JUDGEMENT IN WPC.31605/2003 Dated 03/10/2006 .................... APPELLANT/PETITIONER ------------------------------------ V.C.RADHAKRISHNAN, RESIDING AT VILLUVANKKAD VEEDU, KINAVALLOOR VILLAGE, PARALI P.O.,PALAKKAD. BY ADV. SRI.C.K.JAYAKUMAR RESPONDENTS/RESPONDENTS -------------------------------------------- 1. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS EXECUTIVE ENGINEER, DIVISIONAL OFFICE,KALMANDAPAM,PALAKKAD. 2. THE LABOUR COURT,KOZHIKODE. R1 BY STANDING COUNSEL SRI.C.UNNIKRISHNAN R2 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ORDERS ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A.No.2571 of 2009 & C.M.Appln.No.1204 of 2009 ------------------------------------------ Dated this the 20th day of November, 2009 JUDGMENT A.K.Basheer, J. This application is filed under Section 5 of the Limitation Act praying to condone the delay of 1039 days in filing the writ appeal. 2. We have perused the averments made by the applicant in the affidavit filed in support of the application. It is admitted by him that his services as pump operator were not regularised and he was terminated from service by the Kerala Water Authority on August 1, 1987. However, he came to know later that services of some similarly placed employees were regularised pursuant to the judgment in O.P.No.12300 of 1998. According to the deponent, he was undergoing Ayurvedic treatment for certain injuries sustained by him due to a fall from a building. He further submits that he had approached the High Court Legal Services Committee seeking assistance. 3. Having carefully perused the various averments made in the affidavit, we are not at all satisfied that the inordinate delay of 1039 days in filing the appeal can be condoned, especially since there is absolutely no satisfactory explanation. Therefore, the application is dismissed. Consequently, the writ appeal is also dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns