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Mshrid   04 October 2023

Help needed

my father was terminated in 2001 after filing in high court we won case in 2016 where court found that the enquiry report was unfair and termination was illegal court ordered to give 25%back wages to my father the we filed review petition in high court where they gave 100% back wages the institution appealed in supreme court for the percentage of backwages in 2019 last mnth court has ordered to give 60% of back wages .my father died in 2016 and my mother died in May this year he has already attained age of retirement .I am finding it unfair that after all these years of struggle ,stress and poor life we hv lived the court has given 40% to the institution which has been unfair and has not suffered in any way all these years .I want to file review petition but I am confused .wht should I do .

 

 



Learning

 1 Replies

Pankhuri Rastogi   28 October 2024

Hey Mshrid,

I have gone through your query and understand that you are distressed about the unfairness that has happened to your family. Here I am to give you some advice so that you can file a review petition regarding the same:

According to Article 137 of the Indian Constitution, the Supreme Court has the power to review the previous judgments but, only under certain exceptional circumstances. In reference to this law, you can file the petition when there is an error on the face of the record or there is the discovery of new and important evidence, which was previously not there. The main thing is whether the new evidence or the error is strong enough to get the file open of the case again and get the judgment reconsidered.

You can file the review petition in the Supreme Court but you will be successful only if will be able to prove a new material fact as evidence or a substantial error in the record.

Please make sure that the court has discretion in such cases as was seen in Union of India v. K.V. Jankiraman (1991). In this case, the Supreme Court has held that back wages should not be awarded in full unless there are strong grounds of facts as cases like this are subjected to the facts of the case.

Additionally, in the case of Dharampal Satyapal Ltd. v. Deputy Commissioner of Central Excise (2015), the Supreme Court has held that the review petition shall only be approved in certain rare circumstances, not for the sake of re-arguing the case for personal satisfaction.

As both your parents have passed away, I know the life and law have been unfair to you but there are only a few chances that you will get the full wages back.

I hope all your doubts are cleared but still, if you need some assistance, then feel free to connect with me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-9221b2289)

Thank You.


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