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Smt. Sanyogita vs Deputy Labour Commissioner And Another on 4 January, 2021

While pressing the recall application, Shri Diptiman Singh, learned counsel for the respondent no.2 submits that earlier the respondent no.2 approached to this Court by preferring Writ C No.6402 of 2002 (M/s Gangeshwar Ltd. Saharanpur vs. State of UP and others) assailing the award of the Labour Court, Dehradun dated 31.10.2001 passed in Adjudication Case No.325 of 1999. The aforesaid writ petition was dismissed by this Court on 31.5.2017. Thereafter, the respondent no.2 preferred Special Leave Petition No.21938 of 2017 before Hon'ble Supreme Court and the same was disposed of on 01.9.2017, giving liberty to the petitioner to approach this Court by way of review petition. In response of the leave accorded by Hon'ble Apex Court the review application alongwith delay condonation application was filed after serving copy of the same to the counsel for the petitioner on 13.10.2017. While passing theorder dated 17.9.2020 the statement made by learned counsel for the petitioner to the effect, that to the best of his knowledge till date no review application has been filed inspite of leave accorded by Hon'ble Apex Court nor he has been served any notice in this regard, had been accepted by this Court and the writ petition was disposed of on 17.9.2020, whereas contrarily the review application has been filed in the registry way back on 13.10.2017, much prior to the passing of the aforesaid order. He further makes submission that the review application was filed after due service of the same on the counsel for the petitioner and deliberately the false statement was made by the counsel for the petitioner. The request has been made for recalling the order dated 17.9.2020, otherwise the respondent no.2/applicant would suffer irreparable loss and injury.
Allahabad High Court Cites 1 - Cited by 0 - M C Tripathi - Full Document
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