Himachal Pradesh State Forest Corporation Limited v. Rajesh Kumar Thakur
2013-02-28
DEEPAK GUPTA, V.K.AHUJA
body2013
DigiLaw.ai
JUDGMENT Per Deepak Gupta, J. 1. This review petition has been filed seeking review of the judgement dated 9th April, 2012 whereby LPA No.45 of 2008 filed by the petitioner i.e. H.P.State Forest Corporation Ltd. was dismissed. 2. The main ground raised in the review petition is that this Court was not apprised of the judgement of another Division Bench of this Court delivered on 4th May, 2011 in CWP No. 5907 of 2010 and other connected maters, in which the claim of the similarly situated workmen was rejected. 3. At this stage we would like to point out that one Division Bench of this Court vide its judgement dated 19.11.2009 in L.P.A No. 66 of 2008 granted relief to the identically placed workmen. We had on the basis of the said judgement granted relief to the workmen only on the ground that their case was squarely covered by the judgement delivered by Division Bench of this Court in LPA No. 66 of 2008. When this matter was heard by us the judgement dated 4th May, 2011 was admittedly not brought to our notice. There are two conflicting judgements of this Court and at this stage we would like to point out that the judgement we had followed i.e. the earlier judgement delivered on 19.11.2009 has been affirmed by the Apex Court. 4. We, therefore, find no error apparent on the face of the record and see no reason to review our earlier judgement. The review petition is accordingly dismissed. In view of the fact that there are conflicting judgements of the Division Benches, we further direct that the judgement in this case shall not be treated as a precedent in any other matter.