Bombay High CourtCAO/1078/2015dismissedrule discharged

Municipal Council, Tumsar Through Its Chief Officer v. Arvind S/O Jagalu Daongre

2015-07-08Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1078.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1078 OF 2015 AND M.C.A. ST. NO. 7831 OF 2015 IN WRIT PETITION NO.3436 OF 2001(D).

(MUNICIPAL COUNCIL, TUMSAR & ANR...VS..ARVIND JAGALU DONGRE.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JULY 08, 2015.

Heard Shri M.I.Dhatrak, the learned advocate for the applicants/ petitioners.

This is an application praying for condonation of delay in filing the review application. The applicants are seeking review of the judgment passed in Writ Petition No. 3436 of 2001 by which the order passed by the Industrial Court directing the applicants/ employer to regularise the services of the non-applicant-employee came to be maintained. The applicants had challenged the judgment, of which the review is sought, before the Hon'ble Supreme Court in Petition for Special Leave to Appeal (C) No.4251 of 2015. The Special Leave Petition is disposed by the order passed on 13th March, 2015 as follows :

"After having argued for a while, learned counsel for the petitioners sought permission to withdraw this petition.

Permission sought for is granted.

The special leave petition is, accordingly, dismissed as withdrawn."

2 cao1078.15 After withdrawing the petition for special leave, the applicants have filed this review application. The learned advocate for the applicants have relied on the judgment given, by the Hon'ble Supreme Court in the case of School Education Deptt. Chennai Vs. R. Govindaswamy, reported in (2014) 4 SCC 769 and in the case of Hari Nandan Prasad Vs. Food Corporation of India, reported in (2014) 7 SCC 190. The submissions made on behalf of the applicants do not point out any error apparent on the face of the record which necessitates the review of the judgment. Therefore, the Civil Application praying for condonation of delay and the Miscellaneous Civil Application seeking review of the judgment are dismissed.

JUDGE RRaut..