STATE BANK OF INDIA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The present Review Petition has been filed by the Petitioner/Management i.e. State Bank of India seeking review of the judgment dtd. 2/6/2023 passed by this Court in W.P.(C) 3643/2003, whereby the writ petition preferred by the Petitioner challenging the Award dtd. 4/2/2003 passed by the learned Central Government Industrial Tribunal-cum-Labour Court in I.D. No. 143/1997 came to be dismissed.

(2.) The brief facts leading to the filing of the present Review Petition are enumerated herein under:

(3.) Learned counsel appearing on behalf of the Petitioner/Management commenced his submissions by contending that the judgment dtd. 2/6/2023 passed by this Court suffers from an error apparent on the face of record in as much as a crucial jurisdictional issue raised by the Petitioner was not adjudicated. It is submitted that the Labour Court had erroneously recorded that the Petitioner/Management had not sought any opportunity to lead additional evidence in the event the domestic enquiry was held to be defective. Learned counsel contends that a specific prayer had been made in the written statement filed before the Labour Court reserving the right of the management to prove the charges independently by leading evidence. It is further submitted that the Petitioner had also raised this ground in the writ petition and reiterated the same in the written submissions filed before this Court. Learned counsel submits that though the said plea was noticed in the impugned judgment, the same was not adjudicated, thereby vitiating the decision-making process.