Managing Director M/S ... vs Appellate Authority Under The ...
2021 Latest Caselaw 8085 MP

                                                           1                                 WP-26039-2021
                               The High Court Of Madhya Pradesh
                                        WP No. 26039 of 2021
                       (MANAGING DIRECTOR M/S KRISHNAPING ALLOYS LIMITED Vs APPELLATE AUTHORITY UNDER
                                  THE PAYMENT OF GRATUITY DEPUTY CHIEF LABOUR AND OTHERS)


                      Jabalpur, Dated : 01-12-2021
                             Shri Ankit Agrawal, learned counsel for the petitioner.

                             Petitioner has filed this petition challenging order dated 04/10/2021,
                      17/08/2021 and 15/10/2019.
                             Counsel appearing for petitioner submitted that order passed by Appellate
                      Court is not a reasoned order.
                             After passing an order by Appellate Authority, petitioner has filed an

                      application for review which has been dismissed by the Appellate Authority on the
                      ground that there is no power of review under the Act.
                             Counsel for the petitioner has relied on judgment reported in 1980 Supp SCC
                      420. It is submitted that power of review is a power of ex debitio justitiae to
                      prevent the abuse of its process and such power inheres in every Court or
                      Tribunal. Therefore, application for review ought to have been considered as
                      petitioner has raised a ground of fraud and fact that there is procedural impropriety in
                      the order.
                             Issue notice to respondents on payment of process fee within seven days by

both modes. Notice be made returnable within four weeks.

Counsel appearing for petitioner submitted that awarded amount has been pre- deposited with the appellate authority and same may not be disbursed.

It is ordered that pre-deposited made by petitioner may not be disbursed to respondent No.3 till next date of hearing.

C.C. as per rules.

                                                                                   (VISHAL DHAGAT)
                                                                                        JUDGE

                      RS




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Date: 2021.12.02
10:27:44 IST