KAILASH PRASAD TIWARI Vs. M.P. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) OLIVER Wendell Holmes in Burnet v. Willingham L. and T. Co. 282 US 437 had observed thus: The fiction that a day has no part is a figurative recognition of the fact that people do not trouble themselves without reason about a nicer division of time.

(2.) TIME does not have rewinding and backward movement. Fictionally one may sit in the time machine and emotionally one may enter into the realm of nostalgia, but, in reality the fact is that time gets merged in the abysmal of time and the violent torrent of time sweeps away what could have been a possibility at a particular point of time. There may be perpetual possibility in the realm of conception and imagination but such happenstance does not take place in the world of actuality. That is the role and rule of time and there is physically no redemption.

(3.) WE have begun with the aforesaid prefatory note as Mr. P. Pareek, learned Counsel for the Appellant would contend that his prayer for voluntary retirement was accepted by the employer MP Road Transport Corporation (for short the Corporation) but before it got ripened and concretized and as a consequence of which the Appellant could have obtained the retrial benefits, the same had been cancelled because the learned single Judge by order dated 01.11.2006 passed in Writ Petition No. 4408/1998 gave the stamp of approval to the order passed by the State Industrial Court which had set aside the order of the Labour Court that had directed reinstatement of the Appellant in service without backwages and further the application for review forming the subject matter of MCC No. 3004/06 also paved the path of dismissal on 17.01.2007.