JK Industries Employees Entitled to Pensionary Benefits: High Court

Mohammad Raafi

Srinagar

The Jammu and Kashmir High Court has rejected the review petition of the state government wherein it had pleaded before the court to recall the common judgment and order dated 08-6-2011.

Earlier, the court had dismissed the “bunch” of Latter Patent Appeals (LPA’s) against the judgment and order dated 12-03-09 passed by the court.

The high court had held the employees/workers of J&K Industries Ltd appointed after 1963 entitled to be extended pensionary benefits etc. by adopting the J&K CSR to the extent Jammu and Kashmir industries employees’ service rules and regulations are silent in this behalf.

In its judgment dated 23-03-2016, the honorable division bench of J&K High court held that the review jurisdiction of the court is limited to consider only “error apparent” on the face of the record.

“In the present review petition the grounds of fact of law urged including the submissions made at bar by the learned counsels which in content and substance where the same as taken in respective review petitions, cannot in any manner be considered as errors on the face of records. In fact the instant review petition on ground appears to be “disguised second appeal” and the grounds taken by the review petitioners/government are either that the findings recorded by the court are not legally tenable or that the same are perverse or that the same are unacceptable.”

The court in its judgment held that a judgment may be wrong, erroneous, incorrect, perverse, legally untenable etc. the only course available for the aggrieved party is to go and appeal. “Such grounds do not constitute errors of fact or of law on the face of the record as would call for a review.”

“The scope of review of an order is very limited and cannot be a forum to-reargue the matter already decided and this cannot be also used as a tool for changing the opinion/view of the court.”

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