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CM APPL. 6481/2019 (for delay)
This application seeks condonation of delay of 39 days in filing the review petition.
For the reasons stated in the application, the delay is condoned. Application is disposed of.
REVIEW PET. 53/2019
We have heard learned Counsel for the parties.
This review petition points out that the order dated 29 October 2018, passed by this Bench in CM Appl. 20740/2018, filed by the respondent under Section 17-B of the Industrial Disputes Act, 1947, proceeded on an erroneous premise that notice had been issued in the application on 18 May 2018.
We have seen the order sheet passed in CM Appl. 20740/2018. The order of 18 May 2018 only records the fact that advance notice of the application have been served on the petitioner. Formal notice was undoubtedly required to be issued before the application was decided.
Solely on this ground, therefore, the order of 29 October 2018 is withdrawn.
However, in the interests of justice and as this matter has been pending for quite some time, we direct CM Appl. 20740/2018 to be listed before an appropriate Bench, as per Roster, on 15 April 2026.
Needless to say, the Bench would proceed uninfluenced by the order dated 29 October 2018.
The review petition is allowed in the aforesaid terms.