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SHEEL NAGU, ANAND PATHAK
ZIGITZA HEALTH CARE LTD. – Appellant
Versus
NARESH KUMAR VERMA – Respondent
ORDER ANAND PATHAK, J. : – Regard being had to similitude of controversy, all the review petitions are heard and decided by this common order.
2. For convenience sake, facts as narrated in Review Petition No. 526/2021 are taken into consideration. Instant review petition has been preferred seeking review/recall of the order dated 28-4-2021 passed in Writ Appeal No. 457/2020 by which this Court while hearing the appeal preferred by respondent No. 2-National Health Mission partly allowed the appeal and modified the order dated 29-11-2019 passed in Writ Petition No. 2677/2018 by learned Writ Court whereby the petition preferred by respondent No. 2/National Health Mission against the order dated 31-1-2018 passed by the Legal Authority under Minimum Wages Act (Labour Court No. 1), Gwalior has been dismissed.
3. In this bunch of review petitions, Review Petition No. 642/20, 643/20, 645/20, 646/20, 647/20, 648/20, 649/20, 650/20, 651/20 and 652/20 originate from common order dated 29-5-2020 passed by Coordinate Bench in bunch of writ appeals preferred by review petitioner-M/s Zigitza Health Care Ltd. subject matter was same and arose out of the order passed by Writ Court. In those writ ap
Advocates appeared :For the Appellant : N. K. Gupta, Ravi Shankar Gupta, S. D. Bhadoriya For the Respondent : Sankalp Sharma, G. P. Chaurasiya
The central legal point established in the judgment is the determination of the employer-employee relationship under the Minimum Wages Act, 1948, and the liability for payment of wages and overtime.
Review jurisdiction is limited to correcting errors apparent on the record and does not allow for re-examination of the merits of a case.
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 power of review is limited to correcting patent errors, not re-evaluating merits; mere recommendations do not confer enforceable rights.
To become entitle for minimum of pay scale, one has to show required qualification and working against sanctioned post.
The jurisdictional issue can be raised at any stage of the proceeding and must be considered based on the date of cause of action. The court's jurisdiction is to be determined by the statutory mandat....
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