JUDGMENT :

Ganesh Ram Meena, J.

1. The instant special appeal (writ) has been filed by the appellant/respondent assailing the order dated 04.08.2021 passed by the learned Single Judge in S.B. Civil Review (Writ) Petition No.281/2019 whereby modified the order passed on 27.08.2018 in S.B. Civil Writ Petition No.8661/2018.

2. The facts relevant for consideration are that the appellant- Khetri Tamba Shramik Sangh (for short ‘the appellant-Sangh’) raised a dispute before the authorities of the Labour Department for its member Mr. P.S. Parmar, which was referred to the Central Industrial Tribunal, Jaipur (for short ‘the Industrial Tribunal’) vide reference dated 21.01.1997 in the following terms:-

“Whether the action of the management of Khetri Copper Complex, Hindustan Copper Ltd.- Khetri Nagar, Dist. Jhunjhunu in not promoting Shri P.S. Parmar, Sr. Draftsman (Geology) to the post of Asst. Engineer (Design)/Chief Draftsman (now renamed as Sr. Geologist (Design) is justified? If not, to what relief the workman is entitled to?”

3. The statement of claim was filed by the appellant Sangh on 04.03.1997 and the reply to the statement of claim was filed by the respondent /petitioner. The learned Industrial Tribunal considering the material available on the record passed an award on 13.02.2017 in the following terms:-

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4. The respondent/petitioner challenged the award dated 13.02.2017 by filing S.B. Civil Writ Petition No.8661/2018. The said writ petition was disposed of by the learned Single Judge vide its order dated 27.08.2018 and modified the award by passing the order as under:-

“This Court in view of above submissions made by the employer regarding recommendation in favour of the respondent- employee for the post of Assistant Engineer (Design), deems it proper to modify the award passed by the Industrial Tribunal. The petitioner- employer is directed to give effect to the recommendation of DPC held on 21.11.1991 by conferring the benefit on the respondent-employee of promotion on the post of Senior Geologist (Design) from the date of DPC meeting dt. 21.11.1991 and give him all the consequential benefits till he sought voluntary retirement in relation the VRS of the company on 31.07.2001. The employer would not deduct the amount which has already been paid to the respondent-employee on the post which was held by him till he sought voluntary retirement and difference of pay and other benefits, as admissible on the said promoted post, will be released to the employee by employer within a period of seven weeks.”

5. The respondent/ petitioner then preferred review petition and the learned Single Judge vide order dated 04.08.2021 modified the order dated 27.08.2018 as under:-

“Accordingly, this Court modifies the order passed on 27.08.2018 only to the extent that at page 3 in the last para, fifth line from the bottom, the words “post of Senior Geologist (Design) shall be read as “post of Assistant Engineer (Geology-Design).”

6. Counsel appearing for the appellant / respondent submits that the learned Single Judge has exceeded its jurisdiction while passing the order on the review petition modifying the order dated 27.08.2018 because there was no error apparent on the face of record which was required to be considered in the review petition by the learned Single Judge. Counsel further submits that the order dated 27.08.2018 was passed on the consent of the counsels on the instructi