A Division Bench condoned delay in filing a review petition challenging an order that dismissed an appeal by narrating that a department falls within the ambit of an Act.
Delay in filing review petition condoned; review petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Review Petition (Writ) No.35/2019
Dy. Director, Women And Child Development Department, Tonk (Raj.)
----Petitioner
Versus
Smt. Vishnu Devi Sharma W/o Shri Lakhpat Rai Sharma, R/o Ram Nagar, Jaipur Road, Malpura, Tonk
----Respondent
For Petitioner(s) : Ms. Sheetal Mirdha, AAG with Mr. Prateek Singh For Respondent(s) :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE INDERJEET SINGH
Order
20/08/2019
D.B. Civil Misc.Application No.145/2019 :-
For the reasons mentioned in the application filed under Section 5 of the Limitation Act, the same is allowed. The delay in filing the review petition is condoned.
D.B. Civil Writ Review Petition No.35/2019:-
1. This review petition is against the judgment dated 27/09/2018 whereby, this Court while dismissing the appeal has observed in para 6 of the judgment that the plea – regarding inapplicability of the Industrial Disputes Act – was not urged before the Single Judge; it is contended that such a plea has infact been taken in the writ petition.
2. In any event, this Court is of the opinion that the factual inaccuracy in the order will not in any way distract from the correctness of the conclusion i.e. the Department of Women & Child Development, is covered by the Act. In this regard, another ruling in Devi Singh Vs. State of Rajasthan & Ors. : RLW 1989(2) Raj. 57, which was taken note in Dy. Director, Women & Child Development Department, Tonk Vs.
(2 of 2)
[WRW-35/2019]
Shri Ramesh Chand Tailor (D.B. Civil Misc.Application No.408/2018 decided on 27.05.2019) had stated that the department falls within the ambit of “industry” defined under the Act.
3. The review petition is accordingly disposed of.
(INDERJEET SINGH),J
(S. RAVINDRA BHAT),CJ
ANIL KUMAR GOYAL /MG/58
2 issues framed by the court
Whether the delay in filing the review petition under Section 5 of the Limitation Act should be condoned.
Whether the factual inaccuracy in the impugned judgment regarding the application of the Industrial Disputes Act requires setting aside the conclusion.
Colour shows how this judgement treated each authority
Devi Singh Vs. State of Rajasthan & Ors.Explained¶16
Devi Singh Vs. State of Rajasthan & Ors. : RLW 1989(2) Raj. 57
Dy. Director, Women & Child Development Department, Tonk Vs. Shri Ramesh Chand TailorExplained¶19
Dy. Director, Women & Child Development Department, Tonk Vs. Shri Ramesh Chand Tailor (D.B. Civil Misc.Application No.408/2018)
Dy. Director, Women And Child Development Department, Tonk
Smt. Vishnu Devi Sharma
Inderjeet Singh
S. Ravindra Bhat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
