High CourtsSingle Bench(2012) 07 SHI CK 0126

Himachal Pradesh Horticulture Produce Marketing and Processing Corporation Limited vs Smt. Kanta Devi

High Court Of Himachal Pradesh · Decided on 23 July 2012

HON’BLE JUDGES
Surinder Singh, J
RESULT
Dismissed
CASE NUMBER
C. Rev. No. 115 of 2012

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Judgment

6 paragraphs · 273 words

Surinder Singh, J.

CMP No. 591 of 2012

1.

There is delay of 58 days in filing the present Review Petition on the ground that the copy of order dated 31.10.2011 passed by this Court was received by the petitioner Corporation on 18.11.2011. After going through the contents of the order and its implication at large on decided/pending retiremental benefits cases and financial hardships of the corporation, the legal opinion was sought in the month of December, 2011 thereafter Review petition was filed after getting appropriate approval. As a matter of fact the present application sans ''sufficient cause'' to Condon the delay.

2.

But however, after hearing the parties and going through the judgment/order passed by this Court, it is apparent that it was passed in the presence of the parties. The petitioner Kanta Devi was held entitled for the amount due to the petitioner and Corporation was not justified to withhold the leave encashment and gratuity amount, therefore, she was also entitled to simple interest @ 18% from the date it fell due and direction was issued to Corporation to pay the interest within a period of two months from the date of the order with liberty reserved to the respondent Corporation to recover it from the officer/official responsible for it. But however, no sufficient cause known o law has been mentioned in the application. The order was passed in the presence of parties in the open Court, as such, the application is dismissed.

C. Rev No. 115 of 2012

In view of the dismissal of the application of the condonation of delay, the present Review Petition does not survive, hence dismissed.