EPS 95 Pensioner Latest News From Kerala High Court: Order Against The Judgment In WP(C) 10107/2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 18TH DAY OF JUNE 2020 / 28TH JYAISHTA, 1942
RP.No.348 OF 2020 IN WP(C). 10107/2019
AGAINST THE JUDGMENT IN WP(C) 10107/2019(K) OF HIGH COURT OF KERALA

ORDER

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1. This review petition is preferred seeking to review the judgment dated 25.2.2020 in W.P.(C) No. 10107 of 2019.

2. I have heard Sri. N.N.Sugunapalan, the learned Senior Counsel appearing for the review petitioner and Sri. P.N.Mohanan, the learned counsel appearing for the 1st respondent.

3. Sri.N.N.Sugunapalan, the learned senior counsel submitted that by the judgment under review, this Court has permitted the employee to replenish the amount if the employer has failed to contribute the wages exceeding the ceiling limit. According to the learned counsel, this direction is against the statutory mandate.

4. I am afraid that I am unable to accept the submissions advanced by the learned Senior Counsel.

5. This Court, after considering the pleadings and after hearing the submissions, had allowed the Writ Petition and certain directions were issued. The said conclusion arrived at by this Court cannot be assailed in a review petition unless it is shown that there is an error apparent on the face RP.No.348 OF 2020 IN WP(C). 10107/2019 3 of the record or for some reason akin thereto. If the review petitioners were in any way aggrieved by the conclusions arrived at by this Court or the directions which have been issued, they could have moved the appropriate forum in appeal. There is a clear distinction between an erroneous decision and an error apparent on the face of the record. If the decision is erroneous it can only be corrected by the higher forum and the Court which passed the judgment cannot be asked to sit in review and arrive at different conclusions. A review petition has a limited purpose and cannot be allowed to be an appeal in disguise.

I find no reason to entertain this Petition. This Review Petition will stand dismissed.

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