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TMI Blog2017 (1) TMI 1756X X X X Extracts X X X X X X X X Extracts X X X X ..... cial Officer, Harur Co-operative Primary Agricultural & Rural Development Bank Ltd., Harur, Dharmapuri District, 3rd respondent therein, in so far as the petitioners are concerned. The petitioners have also sought for a direction to the respondents therein, to allow the salary and other allowances including terminal benefits, in terms of the concluded settlement under Section 18(1) of the Industrial Disputes Act 1947. 3. W.A. No. 1330 of 2012, is against the order made in W.P. No. 23496 of 2008, dated 17.04.2012, filed by Mr. B. Janakiraman and two others, for a Writ of Certiorarified Mandamus, to quash G.O. Ms. No. 186, Co-operation Food & Consumer Protection Department, dated 16.08.2000 and the consequential proceedings, passed by the Registrar of Co-operative Societies, Chennai, the 2nd respondent therein, in his proceedings in Rc. No. 165450/2003ARDB2, dated 20.07.2004 and consequently, to direct the respondents therein, to allow the salary, including allowances and the terminal benefits, in terms of the Concluded Settlements, under Section 12(3) of the Industrial Disputes Act, 1947, dated 19.11.1998, with interest at the rate of 12% p.a., from the date of due, till payment. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orporated Rule 149 of the Rules. 10. Under Rule 149, every Society have been mandated to frame bye-laws covering the service conditions, including the scale of pay and allowances for each of the post, with the prior approval of the State Government. Rule 149(1) of the Rules is quoted here under: "Rule 149.- Conditions of service of paid officers and servants of Societies.- (1) Every society shall, taking into account its nature of business, volume of transaction and financial position, adopt, with the prior approval of the Government, a Special by-law covering the service conditions of its employees. The special bylaw shall, inter alia, prescribe the following: (i) Cadre strength and classification of various categories of posts and the qualifications required thereof for each such posts. (ii) The method of recruitment for each such posts. (iii) The scale of pay and allowances for each such posts. (iv) Conditions of probation for each such posts. (v) Duties and responsibilities for each such posts. (vi) Leave for various kinds admissible and, the conditions thereto for each such posts. (vii) The penalties that may be imposed upon, the procedure for taking disciplinary act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 23476 of 2008, has been dismissed on 17.04.2012. Challenging the order made in W.P. No. 23476 of 2008, dated 17.04.2012, W.A. No. 1330 of 2012 has been filed. Since the common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, is sought to be reviewed on the same grounds and in W.A. No. 1330 of 2012, the very same issues are raised, they are taken up together and disposed of by a common order. 7. Inviting the attention of this Court to Section 73 of the Tamilnadu Co-operative Societies Act, 1983, Mr. R. Krishnamoorthy, learned counsel for the review applicants submitted that the said provision empowers the registered society to make appointment of paid officers and servants of society, as are necessary for efficient performance of its functions, subject to the provisions of Sections 74, 75, 76 & 77 of the said Act and subject to the rules made in their behalf. 8. Referring to paragraph No. 10 of the common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, Mr. R. Krishnamoorthy, learned counsel for the review applicants submitted that at the time when G.O. Ms. No. 186 Co-operation Food & Consumer Protection Department dated 16.08.2000, was issued, it c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 1104 of 2008, warranting review. 11. The fact that no special bye-law was framed by the concerned society and approved by the competent authority, has not been disputed by the learned counsel for the appellants. Mr. R. Krishnamoorthy, learned counsel for the review applicants, submitted that in Tamil Nadu Vatta Koturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam (rep. by its General Secretary, R. Raghavendran) Vs. Deputy Registrar of Cooperative Societies (Housing) Cuddalore Circle, and others, reported in 2008 (2) LLN 236, G.O. Ms. No. 186 Co-operation Food & Consumer Protection Department dated 16.08.2000, was not challenged, and therefore, whatever is observed in the said judgment by the Hon'ble Division Bench, is only an obiter dicta and not to be applied as a binding precedent, to the case on hand. 12. Mr. L.P. Shanmugasundaram, learned Special Government Pleader submitted that the well considered common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, does not require interference, in exercise of review jurisdiction. Heard the learned counsel for the parties and perused the materials available on record. 13. Section 149 of the Tamil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Co-operative Supervisor's Training Course conducted by the Tamil Nadu Union or the examination for the Higher Diploma in Co-operation conducted by the Co-operative Training Colleges: Provided that this shall not apply to a person who has undergone short term basic training course in cooperation and has passed the examinations,- (i) for the co-operative supervisor's training course and in possession of certificate issued by the Tamil Nadu Co-operative Union, Madras; or (ii) for the Higher Diploma in Co-operation and in possession of certificate issued by the National Council for Co-operative Training: Provided further that a person who has undergone short term course but has not passed all the examinations prescribed for the Co-operative Supervisor's Training Course or Higher Diploma Course in Co-operation, as the case may be, on the date of commencement of these rules, shall pass the final examination conducted by the Tamil Nadu Co-operative Union, Madras, for the Co-operative Supervisor's Course within a period of two years and till such date he passes all the examinations of the Tamil Nadu Co-operative Union, Madras, he shall not be eligible for confirmation i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r promotion to a higher category of post unless he has put in satisfactory service in the present category of post held by him for such period which shall be not less than five years. (3)(a) No appointment by direct recruitment to any post shall be made except by calling for from the societies applications from their employees who possess the qualifications for the post and unless the Government have accorded special sanction for recruitment by advertisement in dailies, by also calling for a list of eligible candidates from the Employment Exchange. (b) Where the Employment Exchange issues a non-availability certificate or the Government have accorded special sanction for recruitment by advertisement in dailies, the society shall invite applications from candidates including those working in other societies by advertisements in one English daily and two Tamil dailies having circulation within the area of operations of the society approved by the Government for the purposes of issue of Government advertisements. (c) Every appointment by direct recruitment shall be made by holding written examination and interview or by holding only interview as decided by the board and on the basi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied in rule 63 of a member of the board or of a paid officer of a society shall be appointed to any post in the service 01 the society. If a doubt arises as to whether a person is or is not a near relation of a member of the board or of a paid officer, the board shall refer it to the Registrar for decision. (8) (a) Every employee of a society shall be entitled to casual leave not exceeding twelve days in a year subject to the following conditions, namely:- (i) holidays and Sundays falling within or before or after the period of casual leave shall not be treated as part of casual leave: (ii) casual leave shall not be combined with any other kind of leave: (iii) an employee who is on casual leave shall not be treated as absent; and (iv) casual leave shall not be availed of for more than six days continuously and casual leave combined with the holidays shall not exceed ten days at a time; Provided that a temporary employee shall be entitled to casual leave proportionate to the period actually spent on duty. (b) Every employee of a society shall be entitled to privilege or earned leave at the rate of twelve days for every twelve months of service provided that such leave may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecutive. (b) No employee shall claim leave as a matter of right but shall be entitled to leave before the lapse of the leave accumulated upto the limit. (c) Leave shall ordinarily be applied for, and sanction obtained in advance. (d) Staying away from duty, over-stayal of leave and absenting from duty without permission are liable to be punished with anyone of the penalties specified in sub-rule (17) besides being treated as extraordinary leave without pay to avoid interruption in service of the employee. (e) Every application for sick leave shall be accompanied by a Medical Certificate from a registered medical practitioner. (f) In case of other leave applied on the basis of sickness medical certificate, certificate shall be produced if required within twenty-four hours of such requisition. (g) Where leave is availed of on the basis of medical certificate. Certificate of physical fitness from a registered medical practitioner shall be produced at the time of joining duty. (h) Extraordinary leave without pay may be granted in special circumstances when no other leave is permissible. Such leave may be combined with any other kind of leave except casual leave but the total per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re or local authority or any institution constituted under any State or Central Act: Provided that he may it record a vote if he is qualified to do so and where he does so he shall give no indication of the manner in which he proposes to vote or has voted. (15)(a) No employee shall accept any employment or work elsewhere, whether honorary or otherwise, without the previous permission in writing of the board. (b) No employee shall engage himself in any trade or business outside the scope of his duties either in his name or in the name of his family members or relative except with the previous permission of the board. (16)(a) No employee of a society shall acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift, exchange or otherwise either in his own name or in the name of any member of his family except after giving due notice to the Chief Executive and in the case of a Chief Executive to the President: Provided that any such transaction conducted otherwise than through a regular or reputed dealer shall require the previous sanction of the Chief Executive or the President, as the case may be: Provided further that no employee of a society shall e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty, he shall at once bring the fact to the notice of the Chief Executive or the President, as the case may be. (g) Every society shall maintain a register groupwise in respect of all the employees in Form No. 43 showing all immovable properties held by each of them and shall revise them with reference to the particulars furnished by the employees in subsequent returns as specified in clause (c). (h) Any attempt to mislead or any failure to give full and correct information shall render the employee of a society concerned liable to severe disciplinary action. (i) Sanction on no account shall be accorded for purchase of land for any commercial purpose. (j) No land of a society shall be sold or granted on lease or otherwise to any employee of the society or of its financing bank or federal society or of any society for which it is the financing bank or federal society. (k) No employee of a society shall ordinarily be permitted to acquire land within the area of operation of the society, in which he is serving. Permission to such acquisition shall be granted only in very special circumstances. (l) An annual statement shall be submitted by every employee of a society of acqui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereto, and for the said purpose the reference to "prescribed authority" occurring in the said section 35 shall be construed as a reference to the Registrar. (19)(a) An employee 'of a society may be placed under suspension from service where- (i) an inquiry into grave charges against him is contemplated or is pending or (ii) where a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest or in the interest of the society. (b) The authority competent to suspend an employee may sanction to the employee suspended who is not governed by the provisions of the Tamil Nadu Payments of Subsistence Allowance Act, 1981 (Tamil Nadu Act 43 of 1981) a subsistence allowance at a rate not exceeding fifty per cent of the basic pay during the period of his suspension. In respect of suspended employee governed by the provisions of the aforesaid Act, subsistence allowance shall be paid in accordance with that Act. (c) No employee shall in any case be kept under suspension for a period exceeding one year without the approval of the Registrar. (d) The period of suspension already undergone under clause (c) may b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bout the verification of the service with reference to the pay bills and other records. (b) The society shall maintain a list of seniority of employees in each post and it shall be brought up to date every co-operative year if there is any change during that year. (24) Every society shall maintain confidential report of officers of Classes I to IV and every adverse remark shall be substantiated by concrete instances. Every confidential report shall be written by the Chief Executive and where there is no Chief Executive by the President. The President shall also maintain the confidential report of the Chief Executive. (25) The principle of reservation of appointment for Scheduled Castes/Scheduled Tribes and Backward Classes followed by the Government of Tamil Nadu for recruitment to the State and Sub-ordinate Services under rule 22 of the General Rules of the Tamil Nadu State and Subordinate Service Rules shall apply to any post to which appointment is made by direct recruitment by an apex or a scheduled society or any society specified in sub-section (4) of section 33 or any other society specified by the Government for the purpose. (26) The provisions of this rule shall save a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding rule 149, as hereunder: "Rule 149.- Conditions of service of paid officers and servants of Societies.- (1) Every society shall, taking into account its nature of business, volume of transaction and financial position, adopt, with the prior approval of the Government, a Special by-law covering the service conditions of its employees. The special bylaw shall, inter alia, prescribe the following: (i) Cadre strength and classification of various categories of posts and the qualifications required thereof for each such posts. (ii) The method of recruitment for each such posts. (iii) The scale of pay and allowances for each such posts. (iv) Conditions of probation for each such posts. (v) Duties and responsibilities for each such posts. (vi) Leave for various kinds admissible and, the conditions thereto for each such posts. (vii) The penalties that may be imposed upon, the procedure for taking disciplinary action and inflicting various kinds of punishments on an employee holding each such post and the authority competent to entertain and dispose of appeal made against an order of punishment imposed by the competent authority on a disciplinary proceedings. (viii) Conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State or Central Act except with the previous permission of the Board. (7) (a) No employee shall accept any employment or work also where, whether honorary or otherwise except with the previous permission of the Board. (b) No employee shall engage himself in any trade or business outside the scope of his duties either in his name or in the name of any member of his family or relative except with the previous permission of the Board. (8) Nothing contained in this rule, except the items (i)(v) and (viii) of sub-rule (1) and the provisions contained in sub-rule (5) to (7) shall apply to a Government Servant deputed or a person deputed from any other institution, to the services of any society." 18. Earlier in 1988, Rule 149 of the Tamil Nadu Co-operative Societies Rules, had comprehensively dealt with, the classification, qualification, mode of recruitment etc., as stated supra. By virtue of the amendment made in G.O. Ms. No. 212, Cooperation, Food and Consumer Protection Department dated 04.07.1995, it has been made clear that every society shall take into account the nature of business, volume of transaction, financial position, etc., and with the prior approval of the Registra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... District and Others, reported in (2008) 2 MLJ 385, it is the contention of the review applicants that whatever opinion expressed by the Hon'ble Division Bench, in the said case, the same has to be considered only as obiter dicta, and does not have any binding effect. The Hon'ble Division Bench in Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, at paragraph Nos. 11 to 15, held as follows. "11. A reading of the said provision makes it clear that the said provision empowers the Registrar to issue such directions if he is satisfied that in public interest or for the purpose of securing proper implementation of co-operative production and other developmental programmes and also to secure the proper management of the business of any class of registered societies generally or for preventing the conduct of any society which would otherwise be detrimental to the interest of its members or depositors or creditors such directions are imminently required. The powers thus invested with the Registrar under Section 181 of the Act 1983 is wide enough and so long as such powers are exercised keeping in mind the purport and intend of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of I.D. Act or introduced with any other ulterior motive to defeat the lawful rights of the employees of any of the registered societies. The purport of the rule is to ensure that a registered society does not become defunct or unwieldy and any of the registered societies should not be allowed to be closed due to dearth of funds by mismanagement. Therefore, the constitution of the Committee for formulating the common wage structure for the employees of the registered Co-operative Societies by G.O. Ms. No. 289, dated 18.12.1998 and the subsequent G.O. Ms. No. 186, dated 16.8.2000 were all in furtherance of the fulfillment of the above objective of the State Government." 23. On the contentions of the appellants that when G.O. Ms. No. 186 Co-operation Food & Consumer Protection Department dated 16.08.2000, was not challenged and that the observations in Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, is only an obiter dicta, we wish to consider, what "obiter dicta" means. Rupert Cross and J.W. Harris in "Precedent in English Law" (4th Edition - page 41) say thus:- "There are undoubtedly good grounds for the importance attached t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised for its decision. The decision in a judgment of the Supreme Court cannot be assailed on the ground that certain aspects were not considered or the relevant provisions were not brought to the notice of the Court (See AIR 1970 SC 1002 and AIR 1973 SC 794). When Supreme Court decides a principle it would be the duty of the High Court or a subordinate Court to follow the decision of the Supreme Court." 25. In Arun Kumar Aggarwal v. State of Madhya Pradesh reported in AIR 2011 SC 3056, the Hon'ble Supreme Court explained "obiter dicta", as follows: "21. ......The expression obiter dicta or dicta has been discussed in American Jurisprudence 2d, Vol. 20, at pg. 437 as thus: "74. -Dicta Ordinarily, a court will decide only the questions necessary for determining the particular case presented. But once a court acquires jurisdiction, all material questions are open for its decision; it may properly decided all questions so involved, even though it is not absolutely essential to the result that all should be decided. It may, for instance, determine the question of the constitutionality of a statute, although it is not absolutely necessary to the disposition of the case, if the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered persuasive). -- Often shortened to dictum or, less commonly, obiter. "Strictly speaking an "obiter dictum" is a remark made or opinion expressed by a judge, in his decision upon a cause, `by the way' -- that is, incidentally or collaterally, and not directly upon the question before the court; or it is any statement of law enunciated by the judge or court merely by way of illustration, argument, analogy, or suggestion....In the common speech of lawyers, all such extrajudicial expressions of legal opinion are referred to as `dicta,' or `obiter dicta,' these two terms being used interchangeably." 25. The Word and Phrases, Permanent Edition, Vol. 29 defines the expression "obiter dicta" or "dicta" thus: "Dicta are opinions of a judge which do not embody the resolution or determination of the court, and made without argument or full consideration of the point, are not the professed deliberate determinations of the judge himself; obiter dicta are opinions uttered by the way, not upon the point or question pending, as if turning aside for the time from the main topic of the case to collateral subjects; It is mere observation by a judge on a legal question suggested b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecessary to the decision, which go beyond the occasion and lay down a rule that it is unnecessary for the purpose in hand are generally termed "dicta". They have no binding authority on another court, although they may have some persuasive efficacy. Mere passing remarks of a judge are known as "obiter dicta", whilst considered enunciations of the judge's opinion on a point not arising for decision, and so not part of the ratio decidendi, have been termed "judicial dicta". A third type of dictum may consist in a statement by a judge as to what has been done in other cases which have not been reported. ...Practice notes, being directions given without argument, do not have binding judicial effect. Interlocutory observations by members of a court during argument, while of persuasive weight, are not judicial pronouncements and do not decide anything." 28. In Municipal Corporation of Delhi v. Gurnam Kaur, (1989) 1 SCC 101 and Divisional Controller, KSRTC v. Mahadeva Shetty, (2003) 7 SCC 197, this Court has observed that, "Mere casual expressions carry no weight at all. Not every passing expression of a judge, however eminent, can be treated as an ex cathedra statement, having the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons or principle on which a question before a court has been decided is alone binding as a precedent. This underlying principle is often termed the ratio decidendi, that is to say, the general reasons given for the decision or the general grounds on which it is based, detached or abstracted from the specific peculiarities of the particular case which gives rise to the decision. The concrete decision alone is binding between the parties to it, but it is the abstract ratio decidendi, ascertained on a consideration of the judgment in relation to the subject-matter of the decision, which alone has the force of law and which, when it is clear what it was, is binding; but, if it is not clear, it is not part of a tribunal's duty to spell out with difficulty a ratio decidendi in order to be bound by it, and it is always dangerous to take one or two observations out of a long judgment and treat them as if they gave the ratio decidendi of the case. If more reasons than one are given by a tribunal for its judgment all are taken as forming the ratio decidendi". (ii) In State of Karnataka vs. Ranganatha Reddy reported in AIR 1978 SC 215, the Hon'ble Apex Court held what was under c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (v) In Krishena Kumar Vs. Union of India and Others reported in AIR 1990 SC 1782, the Hon'ble Apex Court held as follows:- "19. In other words, the enunciation of the reason or principle upon which a question before a Court has been decided is alone as a precedent. The ratio decidendi is the underlying principle, namely, the general reasons or the general grounds upon which the decision is based on the test or abstract from the specific peculiarities of the particular case which gives rise to the decision. The ratio decidendi has to be ascertained by an analysis of the facts of the case and the process of reasoning involving the major premise consisting of a preexisting rule of law, either statutory or judge-made, and a minor premise consisting of the material facts of the case under immediate consideration. If it is not clear, it is not the duty of the Court to spell it out with difficulty in order to be bound by it. In the words of Halsbury, 4th Edn., Vol. 26, Para 573: "The concrete decision alone is binding between the parties to it but it is the abstract ratio decidendi, as ascertained on a consideration of the judgment in relation to the subject matter of the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plication of mind or preceded without any reason cannot be deemed to be declaration of law or authority of a general nature binding as a precedent. Restraint in dissenting or overruling is for sake of stability and uniformity but rigidity beyond reasonable limits is inimical to the growth of law." (emphasis supplied) (vii) In Commissioner of Income Tax Vs. M/s. Sun Engineering Works (P) Ltd., reported in AIR 1993 SC 43, it has been held as follows: "........... It is neither desirable nor permissible to pick out a word or a sentence from the judgment of this court, divorced from the context of the question under consideration and treat it to be the complete 'law' declared by this Court. The judgment must be read as a whole and the observations from the judgment have to be considered in the light of the questions which were before this Court. A decision of this Court takes its colour from the questions involved in the case in which it is rendered and while applying the decision to a later case, the courts must carefully try to ascertain the true principle laid down by the decision of this court and not to pick out words or sentences from the judgment, divorced from the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 141 of the Constitution. A deliberate judicial decision arrived at after hearing an argument on a question which arises in the case or is put in issue may constitute a precedent, no matter for what reason, and the precedent by long recognition may mature into rule of stare decisis. It is the rule deductible from the application of law to the facts and circumstances of the case which constitutes its ratio decidendi." In the said case, the Hon'ble Supreme Court at page 52 held as follows: "According to the well-settled theory of precedents, every decision contains three basic postulates: (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect of the above. A decision is only an authority for what it actually decides. What is of the essence in a decision is its ratio and not every observation found therein nor what logically follows from the various observations made in the judgment. Every judgment must be read as applicable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t constitutes a precedent. The only thing in a Judge's decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. According to the well-settled theory of precedents, every decision contains three basic postulates (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect of the above. A decision is an authority for what it actually decides. What is of the essence in a decision is its ratio and not every observation found therein nor what logically flows from the various observations made in the judgment. The enunciation of the reason or principle on which a question before a Court has been decided is alone binding as a precedent. (See: State of Orissa v. Sudhansu Sekhar Misra and Others AIR 1968 SC 647 and Union of India and Others v. Dhanwanti Devi and Others (1996) 6 SCC 44. A case is a precedent and binding for what ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 999, the Deputy Registrar of Cooperative Societies Housing, the 1st respondent therein, directed the 3rd respondent therein, to cancel the 18(1) settlement, based on which, higher scale of pay was fixed and paid to the members of the appellants therein, and to recover the said payments, already been made. The Hon'ble Division Bench has categorically considered the issues raised therein, statutory provisions, powers conferred on the competent authorities to issue directions, held that the constitution of the committee for formulating the structure of the co-operative societies, vide G.O. Ms. 289 dated 18.12.1998 and the subsequent G.O. Ms. No. 186 Co-operation, Food & Consumer Protection Department dated 16.08.2000, are in furtherance of the fulfillment of the objectives of the State Government. Finally, while setting out the reasons, a Hon'ble Division Bench, held that there is no scope to interfere with the orders impugned, in the writ petitions and accordingly, sustained the order of the learned Single Judge. 28. Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, has been decided, considering the objects of the Co-operative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e power of judicial review of its own order by the High Court inheres in every Court of plenary jurisdiction to prevent miscarriage of justice. Power of judicial review extends to correct all errors to prevent miscarriage of justice. It was further held that Courts should not hesitate to review their own earlier order, when there exists an error on the face of record and the interest of justice so demands in appropriate cases. (iii) In Union of India v. Kamal Sengupta reported in 2008 (8) SCC 612, the Hon'ble Supreme Court, at Paragraphs 14 and 15, has held that, "14. At this stage it is apposite to observe that where a review is sought on the ground of discovery of new matter or evidence, such matter or evidence must be relevant and must be of such a character that if the same had been produced, it might have altered the judgment. In other words, mere discovery of new or important matter or evidence is not sufficient ground for review ex debito justitiae. Not only this, the party seeking review has also to show that such additional matter or evidence was not within its knowledge and even after the exercise of due diligence, the same could not be produced before the Court ear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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