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2017 Supreme(Ori) 955

BISWANATH RATH
N. T. P. C. Power Workers Union – Appellant
Versus
National Thermal Power Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s. Sanjay Kumar Mishra, S.S. Sahoo, Sadasiva Patra, P.K. Mohapatra
For the Opposite parties :M/s. B.S. Tripaty, N. Sarkar, D. Ray, J. Sahoo, H. Sahu, Jayanta Das (Sr. Advocate), J.K. Mishra, J.P. Pattnaik, Kali Prasanna Mishra, Seshadev Das, M/s. Aditya Narayan Das, S. Sarkar, E.A. Das, M. Muduli, Additional Standing Counsel

JUDGMENT :

Biswanath Rath, J.

1. This Review Petition has been filed by the petitioner asking for review of the judgment of this Court dated 19.1.2016 passed in O.J.C. No.12760 of 1998.

2. Filing the Review Petition petitioner sought for review of this Court’s final judgment passed in O.J.C. No.12760 of 1998 on pension, work order and holiday but during course of argument, Sri S.K. Mishra, learned counsel for the petitioner confined his argument only in respect of pension involving the judgment.

3. Referring to the discussions in the matter of pension by this Court in the judgment sought to be reviewed available in the internal page-22 running page-41 of the brief, Sri S.K. Mishra, learned counsel for the petitioner contended that the findings arrived therein in the matter of pension remains perverse for being contrary to the pleadings as well as materials available on record. Sri Mishra, further referring to the discussions in paragraph-26 and some portions from paragraph-3.3 of Annexure-3, the counter of the petitioner to the additional affidavit by the Management attempted to justify his claim that the finding so far it relates to pension is perverse to the materials available on re























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