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Judgment
This Review Petition is filed seeking review of the judgment dated 5.6.2014 passed in RSA No. 1104/2008. The learned Judge who decided this Appeal held that appointment of a retired District Judge as an enquiry officer was contrary to the provisions of the Industrial Employment (Standing Orders) Act, 1946. Observing so, the Appeal was dismissed. Now, in this Review Petition, the main ground urged is that according to Section 34 of Road Transport Act, 1972, a resolution was passed and this resolution binds KSRTC as well as NWRTC. In view of this resolution, the Corporation can appoint a retired District Judge as an enquiry officer. This aspect of the matter has not been considered. Therefore, the judgment needs to be reviewed.
Learned counsel for the review petitioner argues on the same lines.
I do not think that this is a good ground for reviewing the judgment. It is not an error apparent on the face of the record. When this Court clearly held that appointment of a retired District Judge as an enquiry officer was contrary to the provisions of the Industrial Employment (Standing Orders) Act, 1946, it is a finding of this Court. This judgment was dictated in the presence of the learned counsel for the petitioner. Nothing prevented the learned counsel from bringing to the notice of the learned Judge that the provisions of the Industrial Employment (Standing Orders) Act, 1946 were not applicable at the time when the matter was being dictated. Hence, I do not find any good ground to admit this Review Petition. Accordingly, it is dismissed.