Tribunal erred in dismissing the claim petition. Even if appellants have
quoted wrong provision of law, the Tribunal ought to have converted the
same under ... Apex Court and this Court in number of cases
held that quoting wrong provision of law cannot be reason to defeat the
claim. The deceased
respondents no.1, 2 and 3 has submitted that merely by quoting wrong provisions under which the claim petition is filed will not denude
governed under the special
provisions. The provisions of Rules, 2015, are special
provisions made for the employees working under the
State Urban Engineering Service ... power to place the employee under
suspension has issued the order quoting wrong
provisions, whereas it is a case in which the question of
competence
residence and it all depends
on animus to stay. Regarding the wrong provision of law mentioned in the relief,
the learned counsel relying upon ... Jayesh kumar reported in 2019 9 SCC 533 claims that quoting
wrong provision is not fatal if powers to pass orders is available with Court
schedule
mentioned property. It is well settled that mere quoting of wrong
provision of law does not disentitle a person from being heard ... contention
of the counsel for the petitioner that mere quoting of wrong provision
of law does not disentitle a person from being heard and deprived
reference to Section 101
of the Act in Annexure-K merely quoting wrong
provision does not vitiate order or communication
as held by the Apex
order of
the 2nd respondent, the appeal was filed wrongly quoting
the provisions ... Assistant Commissioner, the appeal is filed before him
by wrongly quoting the provision as under Section 50 of
the Act which should have been under
allowing
the petitions in a routine manner. However, misquoting or wrong
quoting of provision of law is not a ground to reject the relief ... otherwise entitled. Therefore, on the ground of
misquoting or wrong quoting of provision of law, the petition
cannot be dismissed.
10. The contention
filed under Order XLIII
and Rule 1 CPC . Wrong quoting of the provision of law solely
attributable only to the ignorance of the counsel appearing ... appellant before the lower Court. Mere wrong quoting of the provision
of law will not take away the substantial right of the party to challenge
ordered by the Arbitrator. The learned counsel
submitted that, mere quoting of wrong provision of law by the claimant will
not take away the rights ... between the parties.
14.Therefore, merely because the application was filed quoting wrong
provisions of law and the same was ordered, it cannot be said
