Eastern Coalfields Ltd vs Purnabasi Behera And Ors
2022 Latest Caselaw 2136 Cal/2

OD-3
                  IN THE HIGH COURT AT CALCUTTA
                  Civil Appellate Jurisdiction
                               ORIGINAL SIDE

                          RVWO/13/2022
                              WITH
                        APOT/47/2021
                        WPO/300/2020
                        IA No. GA/1/2022


                        EASTERN COALFIELDS LTD.

                              VERSUS

                        PURNABASI BEHERA AND ORS.



BEFORE:
The Hon'ble JUSTICE SUBRATA TALUKDAR
      AND
The Hon'ble JUSTICE KRISHNA RAO
Date : 05th August, 2022.

                                                                    Appearance:
                                                   Ms. Tanushree Dasgupta , Adv.
                                                              ... for the ECL.

                                                         Mr. Partha Ghosh, Adv.
                                                        Mr. A. Kumar Datta, Adv.
                                                            Mr. R. Agarwala, Adv.
                                                             Ms. S. Sureka, Adv.
                                                               Ms. Ria Paul, Adv.

                                                      ... for the respondents.

The Court: Party/parties is/are represented in the order of their

name/names as printed above in the cause title.

Ms. Dasgupta, learned Counsel appears in support of the review

application being RVWO/13/2022. Ms. Dasgupta also appears in

support of the connected application being GA/1/2022 filed by the

review applicant, i.e. the Eastern Coalfields Limited (ECL). Ms. Dasgupta

submits that in essence the prayer is for modification of the judgment

and final order of this Court dated 16th May, 2022.

This Court, by the order dated 16th May, 2022, upheld the

findings of the Hon'ble Single Bench directing the review applicant/the

ECL to consider the case of the writ petitioner/the respondent to the

review application for grant of monetary compensation. Ms. Dasgupta

submits that the modification is sought for today to the effect that the

writ petitioner is also eligible for employment under the ECL. It is

submitted that on grounds of age the writ petitioner can be offered the

employment at this stage by ECL.

It is, therefore, submitted that the final order dated 16th March,

2022 be accordingly modified to exclude the consideration for grant of

monetary compensation in favour of the writ petitioner and replace it

with an offer of employment from ECL upon fulfilment of all other

formalities.

Mr. Ghosh, learned Counsel appearing for the writ petitioner,

submits that the prayer made by the review applicant would amount to

changing the basis of the reasoning of the Hon'ble Court as recorded in

the order dated 16th March, 2022. It is submitted that the review

applicant/ECL had earlier dismissed the claim of the writ petitioner to

employment on the ground of overage.

It is submitted by way of seeking modification of the order dated

16th March, 2022, ECL cannot be allowed to approbate and reprobate

from its own actions.

Having heard the parties and considering the materials placed, this

Court is not persuaded that the grounds for review of the judgment and

final order dated 16th March, 2022 have been made out in the review

application.

The grounds relied upon by the review applicant at the hearing

today have also been discussed in the judgment and order dated 16th

March, 2022 on presentation of the original facts.

Accordingly, there can be no change in the directions of this

Hon'ble Court as passed on the 16th of March, 2022.

For the above reasons, RVWO/13/2022 and GA/1/2022 stand

dismissed.

All parties to act on a server copy of the order downloaded from the

official website of this Court.

(KRISHNA RAO, J.)                          (SUBRATA TALUKDAR, J.)




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