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MANINDRA MOHAN SHRIVASTAVA, GANESH RAM MEENA
Khetri Tamba Shramik Sangh – Appellant
Versus
Hindustan Copper Limited – Respondent
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:-
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
Promotions in employment must adhere to principles of seniority and fairness, and any deviation must be substantiated by valid reasons.
Review jurisdiction cannot be exercised to rehear a case or correct an erroneous decision without evidence of an error apparent on the face of the record.
The legal review process is constrained to errors apparent on the record, and cannot be used to challenge substantive issues decided in an earlier ruling.
Point of Law : Order 47 Rule 1 CPC, which reads as Application for review of judgment.
A review proceeding cannot be equated with the original hearing of the case, and the finality of the judgment delivered by the court shall not be reconsidered except where a glaring omission or paten....
A review petition cannot be based on subsequent judgments or changes in law; it must demonstrate an error apparent on the face of the record or new evidence that was not previously available.
The court established that review petitions cannot be based on subsequent judgments or changes in law, and must strictly adhere to the grounds specified under Order 47 Rule 1 CPC, emphasizing the lim....
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