S.P.Mehrotra, J. - (1.) BY the order passed today on Civil Misc. Delay Condonation Application No. 30058 of 2009, the delay in filing the aforementioned Review Application has been condoned. The Court is proceeding to consider the aforementioned Review Application.
(2.) THE judgment in the aforementioned writ petition was delivered on 20.12.2007 whereby the writ petition was allowed, and the order dated 6.3.2000 (Annexure -1 to the writ petition) passed by the Labour Court was quashed. A perusal of the grounds for review mentioned in the aforementioned Review Application shows that the applicant -company is trying to assail the said judgment dated 20.12.2007 on merits. In case the applicant -company was aggrieved by the said judgment dated 20.12.2007 passed by this Court on merits, it was open to the applicant -company to challenge the same before the higher Court. It is well settled that the Court while dealing with a review application cannot act as an Appellate Court and consider the merits of the judgment sought to be reviewed. A Review Application cannot be an Appeal in disguise [See: Lal Mohammad v. S.D.O., Bareilly and another, 1959 ALJ 223, Smt. Savitri Devi v. Lal Chand (dead) and others, 2004 (55) ALR 690, (para 45)].
(3.) IN view of the above, I am of the opinion that the Review Application filed on behalf of the applicant -company lacks merits, and the same is liable to be rejected. The Review Application is accordingly rejected.;