RABINDRA PRASAD ACHARYA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE Petitioner -workman has filed this review petition seeking review of the Order Dated 11.09.2008, passed in W.P.(C) No. 868 of 2005, on the following grounds:

(2.) ON a perusal of the order sheet of W.P.(C) No. 868 of 2005, it is seen that by Order Dated 18.07.2005, this Court had directed issue of notice to the review Petitioner -workman by registered post, which was issued, fixing 20.9.2005 for appearance and show cause. Subsequently, as the service return was not received by the office and it was not known as to whether notice has been served on the said workman (Opposite Party No. 2), this Court by Order Dated 06.05.2008, directed for issue of fresh notice to the workman by registered post with A.D., which was issued by the office fixing 30.6.2008 as the date of appearance and show cause. Subsequently the A.D. of notice, duly acknowledged by the workman was received back after valid service, as per the office note dated 19.08.2008. The Writ Petition was taken up for admission and hearing on 11.9.2008 but none appeared for the workman (Opposite Party No. 2) in spite of service of notice. Hence the plea of the review Petitioner that there was no proper service of notice on him cannot be accepted.

(3.) IN the case of Thungabhadra Industries Ltd. v. The Government of Andhra Pradesh, represented by the Deputy Commissioner of Commercial Taxes, Anantapur reported in : [1964]5SCR174 , the Supreme Court held as follows: There is a distinction which is real, though it might not always be capable of exposition, between a mere erroneous decision and a decision which could be characterized as vitiated by 'error apparent'. A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error. Where without any elaborate argument one could point to the error and say here is a substantial point of law which stares one in the face and there could reasonably be no two opinions entertained about it, a clear case or error apparent on the face of the record would be made out.