The State Of Madhya Pradesh vs Jitendra Singh
2023 Latest Caselaw 1987 MP

                                      1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                             BEFORE
                 HON'BLE SHRI JUSTICE ROHIT ARYA
                     ON THE 3 rd OF FEBRUARY, 2023
                    REVIEW PETITION No. 60 of 2022

BETWEEN:-
      THE STATE OF MADHYA PRADESH THROUGH :
      1. COLLECTOR DISTRICT GWALIOR (MADHYA
      PRADESH).

    2. TEHS ILD AR (RECOVERY) TEHSIL, GWALIOR,
       DISTRICT GWALIOR (MADHYA PRADESH).

                                                              .....PETITIONERS
(BY SHRI G.K.AGRAWAL - GOVERNMENT ADVOCATE )

AND
JITENDRA SINGH S/O SHRI DIGAMBAR SINGH, AGED-
40 YEARS, OCCUPATION - UNEMPLOYED, R/O 101,
VINAY NAGAR, SECTOR 3, GWALIOR (MADHYA
PRADESH).

                                                             .....RESPONDENT
(BY SHRI NAVNIDHI PARHARYA - ADVOCATE)

      This Review Petition coming on for order this day, the court passed the

following:
                                      ORDER

Heard on I.A.No.105/2022, an application for condonation of delay in filing the present Review Petition.

As per office report, Review Petition is barred by four days. For the reasons mentioned in the application, same is allowed and delay in filing the present Review Petition stands condoned.

Also heard on Review Petition.

This Review Petition filed by the petitioners/State seeking review of the

order dated 08.09.2021 passed in Writ Petition No.16898 of 2021, by which the coordinate Bench has disposed of the Writ Petition by an innocuous order with directions to the State to execute the RRC dated 31.08.2016 passed by the Labour Commissioner, Indore for realisation of an amount of Rs.21,46,945/-.

Learned counsel for the peteitioners/State submits that as a matter of fact the said RRC did not exist as on date this Court passed the order on 08.09.2021 in the light of the order passed in Writ Appeal No.193 of 2019 decided on 27.09.2019. In the said Writ Appeal, the judgment of the Single Bench dated 08.01.2019 in Writ Petition No. 7051 of 2016 has been set aside. It may be stated that RRC dated 31.08.2016 was under challenge before the Writ

Court in 7051 of 2016.

Though a Review Petition No.1429 of 2019 was filed at Indore Bench by the employer seeking review of the order dated 27.09.2019 passed in Writ Appeal No.193 of 2019 (supra) but the said Review Petition was dismissed on 05.11.2019.

Learned counsel for the petitioners/State submits that the aforesaid factual aspects were suppressed by the petitioner (respondent herein) while seeking the order of this Court on 08.09.2021 in Writ Petition No.16898 of 2021.

Learned counsel for the respondent tried to combat the aforesaid contention stating that there is no concealment of facts as all the orders referred above were annexed with the Writ Petition No.16898 of 2021.

Be that as it may, this Court is of the view that the order dated 08.09.2021 cannot withstand judicial scrutiny in the light of the order passed in Writ Appeal No.193 of 2019 decided on 27.09.2019. Hence, order dated

08.09.2021 is recalled and Writ Petition No.16898 of 2021 is restored to its original number.

With the aforesaid, Review Petition stands disposed of.

(ROHIT ARYA) JUDGE SP

SANJEEV KUMAR PHANSE 2023.02.04 15:00:50 +05'30'