(g) invited attention to Kapra Mazdoor Ekta Union Vs. Birla
Cotton Spinning and Weaving Mills Ltd. (2005) 13 SCC 777,
in the context of a Court or a quasi judicial authority having
jurisdiction to adjudicate on merits, laying down that its
judgment or order can be reviewed on merit only if the Court or
the quasi-judicial authority is vested with the power of review
LPA No.733/2014 & W.P.(C) No.7084/2014 Page 18 of 67
by express provision or by necessary implication and it is only
procedural illegality which goes to the root of the matter and
invalidates the proceeding itself and consequently the order
passed, which can be reviewed; on the basis thereof it was
contended that a perusal of the application of the appellants for
recall showed that the appellants were not seeking any
procedural review but a review on merits;