LAWS(TRIP)-2019-5-47

STATE OF TRIPURA Vs. SHIULI DEY CHOUDHURY

Decided On May 28, 2019
STATE OF TRIPURA Appellant
V/S
Shiuli Dey Choudhury Respondents

JUDGEMENT

(1.) The State of Tripura, represented by the Secretary, Department of Power, Government of Tripura has preferred the instant intra-court appeal against the judgment and order dtd. 12/5/2017, passed by the learned Single Judge in connection with WP(C) No.65 of 2014, and also against the judgment and order dtd. 26/6/2018, passed in Review Petition No.46 of 2018 connected to the said judgment, passed in WP(C) No.65 of 2014.

(2.) The learned Single Judge in his judgment dtd. 12/5/2017 in WP(C) No.65 of 2014, while disposing of the writ petition has directed the appellants and the Corporation-respondents No.2, 3, 4 and 5 of this appeal, in the manner as follows:

(3.) The aforesaid observation and direction of the learned Single Judge had led the Tripura State Electricity Corporation Limited(in short, TSECL), the respondent No.6 in WP(C) No.65 of 2014 to file the review petition which was registered as Review Petition No.46 of 2018. The principal plea taken in that review petition was that on the date of death i.e. on 26/12/2003, the deceased employee was never the employee of the said Corporation, since the Tripura State Electricity Corporation(TSECL) was not formed at that time. However, there is no controversy that the deceased employee was the employee of the Power Department, i.e. the State-appellants.