Case Note & Summary
The judgment concerns a batch of review petitions filed against a common judgment dated 18th December 2013 passed by the Bombay High Court in several writ petitions. The original writ petitions were filed by M/s. Haldyn Glass Limited (now Haldyn Corporation Ltd.) and the Maharashtra General Kamgar Union challenging orders of the First Labour Court, Mumbai, under Section 33C(2) of the Industrial Disputes Act, 1947, regarding computation of bonus payable to workmen. The High Court had dismissed the writ petitions, upholding the Labour Court's orders. The review petitioners, both the company and the union, sought review of that judgment, alleging errors apparent on the face of the record. The court examined the grounds raised in the review petitions and found that the petitioners were essentially seeking a re-argument on merits, which is not permissible in review jurisdiction. The court reiterated that review under Order 47 Rule 1 of the Code of Civil Procedure, 1908, is limited to errors apparent on the face of the record and does not allow rehearing of the case. No such error was found. Consequently, all review petitions were dismissed with no order as to costs.
Headnote
A) Civil Procedure Code, 1908 - Order 47 Rule 1 - Review - Error Apparent on Face of Record - The court considered whether the review petitioners had made out a case for review under Order 47 Rule 1 CPC. Held that review is not an appeal in disguise and must be confined to errors apparent on the face of the record. The court found no such error and dismissed the review petitions. (Paras 1-16) B) Industrial Disputes Act, 1947 - Section 33C(2) - Computation of Bonus - The original writ petitions challenged the Labour Court's order computing bonus payable to workmen. The court in the main judgment upheld the Labour Court's decision. In review, the petitioners sought re-argument on merits, which was not permitted. (Paras 1-16) C) Payment of Bonus Act, 1965 - Sections 10, 11 - Eligibility for Bonus - The review petitioners argued that the Labour Court erred in computing bonus. The court held that the review jurisdiction does not allow re-agitation of issues already decided. (Paras 1-16)
Issue of Consideration
Whether the review petitions disclose any error apparent on the face of the record warranting review of the judgment dated 18th December 2013 in the writ petitions.
Final Decision
All review petitions are dismissed. No order as to costs.
Law Points
- Review jurisdiction
- Error apparent on face of record
- Order 47 Rule 1 CPC
- Industrial Disputes Act
- 1947
- Bonus Act
- 1965
