Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Mshrid   04 October 2023

Should i file review petition

Sir my father was terminated in 2001 after filing in high court we won case in 2016 where court found  that the enquiry report was unfair and termination was illegal court ordered to give 25%back wages to my father the we filed review  petition  in high court where they gave 100% back wages the institution appealed in supreme court  for the percentage of backwages in 2019 last mnth court has ordered to give 60% of back wages  .my father died in 2016 and my mother died in May this year he has already attained age of retirement .I am finding it unfair that after all these years of struggle ,stress  and poor life we hv lived  the court has given 40% to the institution which has been unfair and has not suffered in any way all these years  .I want to file review petition but I am confused .wht should I do .


 2 Replies

Real Soul.... (LEGAL)     04 October 2023

You can take a chance but frnakly speaking in Supreme Court it is not so effective ti file Review as the scpe of review is loimited to any errors in judgment apparant on face. If the Judgment upholds the decision of High Court but calculated wrongly the wages then only you may file review but if the court has reasoned 60% wages then i advise to drop the idea and accept what has been granted. Since even your father is not alive now you cannot file even for defamation
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Mshrid   09 October 2023

Thank you sir for your response but my father has worked in the corporation for 24 years he was 40 years old when he was terminated their has been an incidence where my father found that he was drawing less salary than his junior he approves  the higher authority with a letter and comparison of salary of him and his junior but no action was taken then he asked their union for help regarding this unfairness and they send a letter after that only the matter was resolved .An the enquiry report which led to the decision of termination was found to be based on oral evidence by the  investigating team.The point is that they hv been unfair to him not once but twice .Twice the authority to are the highest for providing justice to their employee .They didn't even thought once before terminating that one wrong decision would ruin the life of their own employee .The consequence of their harsh decision .The court has not mentioned anywhere why they think my father doesn't deserve full back wages when everything against him was found fake.

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