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TMI Blog2005 (12) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted 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 industrial dispute was raised by him questioning the legality of the order dated 31.12.1990. The labour court held that the enquiry was not conducted in a fair manner. However, being of the view that the respondent was not in the list of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. The same reads as follows: Section 6(6) "A Labour Court, Tribunal or Arbitrator may either of its own motion or on the application of any party to the dispute, correct any clerical or arithmetical mistakes in the award, or errors arising there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erned 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 which the proper remedy for the aggrieved party if at all is to file appeal or revision before the higher forum or review application before the very forum, subject to the limitations in respect of such review. It implies that the Section cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 an effective judicial order after the judgment in the case. The maxim of equity, namely, actus curiae neminem gravabit an act of court shall prejudice no man, shall be applicable. This maxim is founded upon justice and good sense which serves ..... X X X X Extracts X X X X X X X X Extracts X X X X
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