- (1.)This Interlocutory Application is filed by the applicant-respondent for modifying the operative part of the final judgment and order dated 13.11.2013 passed by this Court in Civil Appeal No. 7148 of 2008 directing the appellants Calcutta Port Trust to disburse the arrears of pension to the applicant-respondent stating various facts mainly alleging that despite the judgment and order dated 13.11.2013, though this Court has ordered for disbursement of pension to the claimant-applicant, the Calcutta Port Trust has not cleared the outstanding dues payable to him in so far as he applied for pension to the competent authority to come over to the pension scheme by submitting an application on 23.07.2001 by switching over to the pension scheme from CPF Scheme. Despite legal notice dated 27.05.2014, the Calcutta Port Trust has taken it to mean that the applicable date for the purposes of disbursement of pension to the respondent as he was permitted to exercise his option by condoning the delay in submitting his application is the judgment dated 13.11.2013, wherein this Court while setting aside the impugned judgment and order specifically directed the Calcutta Port Trust to allow respondent to exercise option in terms of Circular dated 19.02.1986 and as the option has been allowed, expressly and impliedly stands condoned.
(2.)The said application is opposed by the Calcutta Port Trust by filing a detailed statement of counter traversing averments made in the application and prayed for dismissal of the application and mainly placed reliance upon Order XL of the Supreme Court Rules, 1966.
(3.)We have heard the learned Attorney General Mr. Mukul Rohtagi and Mr. Jayant Bhushan, learned senior counsel appearing for the appellants and Mr. Ajay G. Majithia, learned counsel for the applicant-respondent.