HARISH TANDON, SHEKHAR B.SARAF
State of West Bengal – Appellant
Versus
Confederation of State Government Employees – Respondent
JUDGMENT :
Shekhar B. Saraf, J.:
1. The present memorandum of review filed by the State of West Bengal seeks a review of a judgment and order dated August, 31, 2018 passed by the Division Bench of this High Court comprising of the Hon’ble Justice Debasish Kar Gupta and the Hon’ble Justice Shekhar B. Saraf in WPST No. 45 of 2017 (Confederation of State Government Employees, West Bengal and Others –v- the State of West Bengal and Others) (hereinafter referred to as ‘said judgment’). The said judgment was delivered on a challenge of a judgment passed by the West Bengal Administrative Tribunal (hereinafter referred to as ‘Tribunal’).
2. The Learned Advocate General appearing for the State of West Bengal sought the review on several grounds as enumerated below:
a. The Court while passing the said judgment had not put the parties on notice that the matter shall be remanded to the Tribunal for reconsideration. The Learned Advocate General argued that remand could not have been made in a routine manner unless the same had been specifically pleaded and taken as a ground in the writ petition. He relied on the Supreme Court judgment in Syeda Rahimunnisa – v- Malan Bi (Dead) By Legal Representativ
A.S. Motors Pvt. Ltd. Vs. Union of India reported in (2013) 10 SCC 114
A. K. Kaul and Another Vs. Union of India and Another reported in (1995) 4 SCC 73
Aribam Tuleshwar Sharma -v- Aribam Pishak Sharma reported in (1979) 4 SCC 389
A. R. Antulay Vs. R.S. Nayak and Another reported in (1988) 2 SCC 602
Delta International Limited Vs. Nupur Mitra reported in AIR 2018 Cal 8
Haridas Das -v- Smt. Usha Rani Banik reported in (2006) 4 SCC 78
P.N. Eswara Iyer –v-The Registrar
Parsion Devi -v- Sumitri Devi reported in 1997 (8) SCC 715
S.R. Bommai Vs. Union of India reported in AIR 1994 SC 1918
Spark Dealers Private Limited Vs. Official Liquidator reported in (2015) 2 CHN 241
State of Madhya Pradesh Vs. G. C. Mandawar reported in AIR 1954 SC 493
State of Rajasthan and Another Vs. Surendra Mohnot and Others reported in 2014 (14) SCC 77.
State of Jammu and Kashmir Vs. R.K. Zalpuri and Others reported in 2015 (15) SCC 602
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.