Allowed

N.T.Kesari Menon v. Air India Limited

Kerala HC8 Feb 2016RP/78/2016

Case brief

AI extract

What is this about?

The Kerala High Court allowed a review petition seeking recall of a dismissed writ appeal. The court set aside the original judgment because the petitioner's counsel inadvertently omitted a submission regarding unpaid consequential benefits, a fact the court below did not otherwise consider.

What did the court decide?

The judgment of the single judge dated 31/08/2015 is recalled and the writ appeal is listed for hearing after two weeks.

N.T.Kesari Menon Vs Air India Limited — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN &

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 8TH DAY OF FEBRUARY 2016/19TH MAGHA, 1937

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RP.No. 78 of 2016

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WA 2451/2007, DATED 31/8/2015

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REVIEW PETITIONER(S)/1ST RESPONDENT IN W.A/PETITIONER IN THE O.P:

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N.T.KESARI MENON, ASSISTANT OFFICER, CUSTOMER SERVICE (CHIEF TRAFFIC ASSISTANT-CRA) STAFF NO 28542, COMMERCIAL DEPARTMENT, AIR INDIA, TRIVANDRUM.

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BY ADVS.SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR

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RESPONDENT(S)/APPELLANTS/RESPONDENTS 2 AND 3:

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1. AIR INDIA LIMITED, REPRESENTED BY THE MANAGING DIRECTOR, SANTA CRUZ, BOMBAY 400 029-400029.

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2. THE DIRECTOR, HUMAN RESOURCES DVELOPMENT DEPARTMENT, AIR INDIA, OLD AIR PORT, BOMBAY 400 029.

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3. THE COMMERCIAL MANAGER, (ADMINISTRATION AND CO-ORDINATION) COMMERCIAL DEPARTMENT, AIR INDIA, SANTA CRUZ, BOMBAY 400 029.

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4. C. KURIAN (RETIRED), OFFICER, CUSTOMER SERVICE, STAFF NO. 28102, AIR INDIA, INTERNATIONAL AIRPORT, TRIVANDRUM 695 024.

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5. VIJAYAN UNNI (RETIRED) OFFICER, CUSTOMER SERVICE, STAFF NO 28104, AIR INDIA, INTERNATIONAL AIRPORT, TRIVANDRUM 695 024.

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BY SRI.V.ABRAHAM MARKOS

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 08-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No. 78 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE-A: COPY OF THE REPRESENTATION DATED 29/10/15 SUBMITTED BY THE REVIEW PETITIONER TO THE MANAGING DIRECTOR AIR INDIA LTD., NEW DELHI-110001.

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ANNEXURE-B: COPY OF THE ANNEXURE CORRECT VISION PRODUCED BY THE REVIEW PETITIONER ALONG WITH ANNEURE- A, REPRESENTATION

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ANNEURE C: COPY OF THE COMMUNICATION NO.MAA/IR/LGL/108/1827 DATED 3/12/15 ISSUED BY THE ASSISTANT G.M., PERSONNEL, MEENAMBAKKAM, CHENNAI-600027 TO THE REVIEW PETITIONER.

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RESPONDENT(S)' EANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

ASHOK BHUSHAN, CJ &

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**A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** R.P.No.78 of 2016 in W.A.No.2451 of 2007

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Dated this the 8^th day of February 2016

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O R D E R

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Ashok Bhushan, CJ

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This review petition has been filed praying for recalling the judgment dated 31/08/2015 by which W.A.No.2451/2007 has been dismissed noticing the submission of the learned counsel for the review petitioner that pursuant to the direction issued by the learned Single Judge, consequential benefit had been received by the original petitioner and that he had already retired from service.

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The review petition has been filed by the original petitioner, who is the respondent in the writ appeal. It is submitted by Sri.N.Nadakumara Menon, learned senior counsel appearing for the review petitioner that, by some inadvertence, the aforesaid submission has been made and the original petitioner was not paid any benefit which was entitled to him.

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In view of the fact that the writ appeal was disposed of only on the above submission made by the learned counsel for the original petitioner, we are of the view that the judgment deserves to be recalled.

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R.P.No.78/2016 in W.A.No.2451/2007

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In the result, this review petition is allowed. The judgment

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dated 31/08/2015 in W.A.No.2451/2007 is recalled.

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List the writ appeal for hearing after two weeks.

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(sd/-)

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(ASHOK BHUSHAN, CHIEF JUSTICE)

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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True Copy PA to Judge

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jsr/08/02/16

N.T.Kesari Menon v. Air India Limited

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N.T.Kesari Menon v. Air India Limited

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