Supreme Court Allows Correction in Judgment Regarding Pension Regulations. The court rectified a factual error regarding the applicability of pension regulations to award staff, clarifying that such regulations apply to all employees of the bank.

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Case Note & Summary

The case involved an application for correction of a factual submission in a previous judgment dated 12.01.2007 concerning pension regulations applicable to the respondent, an award staff member of the Union Bank of India. The appellant, Union Bank of India, sought to rectify a statement that incorrectly indicated that pension regulations did not apply to the respondent. The court noted that the initial submission was mistakenly recorded and clarified that the pension regulations were indeed applicable to all employees, including award staff. The rectification was deemed necessary to correct the oversight, but the court emphasized that this change would not impact the final outcome of the appeal, which had been resolved on other grounds. The interlocutory application was thus allowed, and the correction was made part of the main judgment without altering the appeal's final result.

Headnote

A) Civil Procedure - Correction of Judgment - Rectification of Factual Submission - Not applicable - The court allowed the correction of a factual submission regarding pension regulations applicable to award staff, clarifying that the regulations apply to all employees of the bank. The rectification was deemed essential due to an oversight in the previous judgment, but it did not affect the final result of the appeal decided on other merits. Held that the correction is necessary for accuracy (Paras 3-5).

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Issue of Consideration

Whether the factual submission regarding pension regulations applicable to award staff needs correction.

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Final Decision

The court allowed the interlocutory application for correction of the factual submission regarding pension regulations, clarifying that the regulations apply to all employees of the bank. The rectification was made part of the main judgment but did not affect the final outcome of the appeal.

Law Points

  • Correction of factual errors
  • pension regulations applicability
  • rectification of submissions
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Case Details

2008 LawText (SC) (01) 243

Appeal (civil) 5503 of 2003

2008-01-08

G. P. Mathur, Lokeshwar Singh Panta

Union Bank of India

Venkatesh Gopal Mahishi & Anr.

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Nature of Litigation

Application for correction of factual submission in a previous judgment.

Remedy Sought

Union Bank of India sought correction of a factual submission regarding pension regulations.

Filing Reason

To rectify a mistaken recording in the judgment dated 12.01.2007.

Previous Decisions

Judgment dated 12.01.2007 recorded a submission that needed correction.

Issues

Correction of factual submission regarding pension regulations Applicability of pension regulations to award staff

Submissions/Arguments

The appellant argued that the pension regulations apply to all employees, including award staff. The respondent's position was not detailed in the judgment.

Ratio Decidendi

The court emphasized the importance of correcting factual errors in judgments to ensure accuracy, while clarifying that such corrections do not alter the substantive outcome of the case.

Judgment Excerpts

This application has been filed by the appellant for correction of factual submission. The rectification of the above said submission is essential because this factual mistake has been recorded in the judgment. This order of change/rectification of the factual mistake... will have no bearing or effect on the final result of the appeal.

Procedural History

The court heard the application for correction following a previous judgment dated 12.01.2007.

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