9911796707
TMI Blog2005 (12) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... as follows: The respondent who was appointed as a conductor of the appellantCorporation during inspection on 5.6.1989 he was found not to have issued tickets to the passengers. He was placed under suspension on 20.6.1989. The reply submitted by him was found to be unsatisfactorily and it was decided to conduct disciplinary enquiry. After conducting the enquiry, the enquiry officer submitted his report wherein charges were held to have been proved against the respondent. A show cause notice was issued to the respondent proposing to award the punishment of removal from service and after considering the reply submitted to the show cause notice and other relevant record, the appointing authority passed an order removing him from service. An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permitted correction of clerical or arithmetical mistakes in the award or errors arising in the award from any accidental slip or omission. The order passed by the labour court modifying the original award was clearly beyond the scope and ambit of Section 6(6) of the U.P. Act. The High Court unfortunately did not address itself to this vital question and directed payment of back wages with interest. In response learned counsel for the respondent submitted that the labour court's order modifying the award was correct and no interference is called for particularly when the High Court has reduced the back wages to 50% with only 9% interest. In order to appreciate rival submissions Section 6(6) of the U.P. Act needs to be extracted. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecifically therefor and subject to the conditions or limitations provided therein. The powers under Section 152 of the Code are neither to be equated with the power of review nor can be said to be akin to review or even said to clothe the Court concerned under the guise of invoking after the result of the judgment earlier rendered, in its entirety or any portion or part of it. The corrections contemplated are of correcting only accidental omissions or mistakes and not all omissions and mistakes which might have been committed by the Court while passing the judgment, decree or order. The omission sought to be corrected which goes to the merits of the case is beyond the scope of Section 152 as if it is looking into it for the first time, for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stake in writing or typing whereas an error arising out of or occurring from accidental slip or omission is an error due to careless mistake on the part of the Court liable to be corrected. To illustrate this point it was said that in a case where the order contains something which is not mentioned in the decree, it would be a case of unintentional omission or mistake as the mistake or omission is attributable to the Court which may say something or omit to say something which it did not intend to say or omit. No new arguments or re-arguments on merits can be entertained to facilitate such rectification of mistakes. The provision cannot be invoked to modify, alter or add to the terms of the original order or decree so as to, in effect, pass ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
