Sewa Ram v. The Presiding Officer, Industrial Tribunal Cum Labour Court Ii, Faridabad And Another And ANR

224-2 CM-13680 & 13681-CWP-2019 RA-CW-371-2019 in CWP-8709-2018 SEWA RAM V/S THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL CUM LABOUR COURT II, FARIDABAD AND ANOTHER AND ANR Present :

Mr.Karan Singh, Advocate for Mr. Bhisham Kumar Majoka, Advocate for the applicant-petitioner.

**** The applicant through instant application is seeking review of order dated 27.04.2018 passed by this Court. The order dated 27.04.2018 is reproduced as below:

"In the instant petition, petitioner has challenged the award passed by the Labour Court dated 21.09.2015 (Annexure P-4).

2.

Perusal of the record, it is evident that management have expressed their readiness to take back the petitioner to duty. Petitioner-workman has not shown his interest to report back to duty which is evident from para-11 of the award passed by the Labour Court. In the absence of necessary material to show that petitioner has shown his interest to work with the management, petitioner's contention cannot be accepted to the extent that he has shown his interest to work with the management.

3.

Accordingly, petitioner has not made out a case so as to interfere with the award passed by the Labour Court dated 21.09.2015.

4.

Accordingly, petition stands dismissed."

The applicant preferred intra court appeal which was withdrawn with liberty to approach Single Judge by making an appropriate application. Order dated 21.11.2018 passed by Division Anju Goel 2024.12.09 10:08 I attest to the accuracy and integrity of this document Chandigarh

CM-13680 & 13681-CWP-2019 RA-CW-371-2019 in CWP-8709-2018 -2Bench in LPA No. 1419 of 2018 reads as :

"After the matter was heard for some time, learned counsel for the appellant made a request to permit withdrawal of the appeal with liberty to approach the learned single Judge by making an appropriate application. Prayer made is allowed.

Appeal stands dismissed as withdrawal with liberty as prayed for."

Learned counsel for the applicant submits that few facts could not be brought in the knowledge of this Court at the time of passing earlier order. The applicant has also filed separate application seeking amendment of writ petition.

There is no ground to recall/review order dated 27.04.2018. In the absence of any ground as contemplated by Section 114 read with Order 47 Rule 1 of CPC, this Court cannot review its order. The applicant has failed to point out any ground to recall the order. Dismissed.

(JAGMOHAN BANSAL) JUDGE 05.12.2024 anju Anju Goel 2024.12.09 10:08 I attest to the accuracy and integrity of this document Chandigarh