JUDGMENT :

S. Vaidyanathan, J.

Prayer: Review application filed under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure to review the order dated 15.07.2021 passed in W.A.(MD) No.1170 of 2021.

1. This review has been filed to review the Judgment dated 15.07.2021 passed in W.A.(MD) No.1170 of 2021, wherein this Court in Paragraph No.31(i) has passed the following orders:

“W.A.(MD) No.1170 of 2021 is dismissed and the respondent – Organisation is directed to conduct a fresh enquiry as ordered by the learned Writ Court for the period in question and compute the contribution payable by the Management. This exercise shall be completed within a period of three months from the date of receipt of a copy of this Judgment. Needless to state that the appellant – Management shall extend full cooperation to the enquiry.”

2. This Court, while interfering with the order dated 27.02.2018 passed in W.P.(MD) No.21130 of 2017, has categorically permitted the petitioner - Management to putforth their submissions when the enquiry is conducted by the Employees Provident Fund Organization and the Management was also expected to extend their fullest cooperation.

3. This Court is of the view that no prejudice would be caused to the petitioner – Management, if fresh enquiry is conducted, as the Management will have ample opportunity to putforth all the defence available to them.

4. It is an axiomatic principle in law that rehearing of matter on merits and re-appreciation of the arguments / pleas raised by the litigants in the original order is certainly impermissible under review. It is to be remembered that review cannot be heard as an appeal, even if the order is an erroneous one. The ambit of review passed in writ petition is very limited. That apart, for correcting an erroneous decision 'Review' does not lie. It should also be remembered that it is well settled that the scope of review is very minimal, as held by a Honourable Division Bench of this Court in the case of The Special Officer, Kallal Co-operative Primary Agricultural and Rural Development Bank Ltd., Karaikudi, Sivagangai District vs. R.M.Rajarathinam and others [Review Application (MD)No.82 of 2013] decided on 04.02.2015, by holding as under:

"10. From the records, it is seen that the review applicant did not contest the claim of the first respondent on merits in the writ petition. On the other hand, the learned counsel for the review applicant admitted the contentions of the first respondent. Based on the said admission only, an order was passed in the writ petition. The review application and the writ appeal filed by the review applicant herein were dismissed as not maintainable. W.A.(MD) No. 502 of 2009 filed against the order dated 26.07.2007 passed in W.P.(MD) No.4636 of 2004, was dismissed by a Division Bench of this Court, holding that the review applicant is not entitled to agitate the issue on merits. It is well settled that the scope of review is very limited. The review applicant cannot re-argue and he is not entitled for re-hearing on merits.

11. The scope of review was considered by the Hon'ble Apex Court in a judgment reported in 2000 (6) SCC 224 [Lilli Thomas and Others Vs. Union of India and Others], wherein, in paragraph 52, it was held as under:

"52.The dictionary meaning of the word "review" is "the act of looking, offer something again with a view to correction or improvement". It cannot be denied that the review is the creation of a statute. This Court in Patel Narshi Thakershi Vs. Pradyumansinghji Arjunsinghji [1971 (3) SCC 844 : AIR 1970 SC 1273] held that the power of review is not an inherent power. It must be conferred by law either specifically or by necessary implication. The review is also not an appeal in disguise. It cannot be denied that justice is a virtue which transcends all barriers and the rules or procedures or technicalities of law cannot stand in the way of administration of justice. Law has to bend before justice. If the Court finds th