STEEL AUTHORITY OF INDIA LIMITED Vs. SANTOSH KUMAR JOARDAR
HIGH COURT OF CALCUTTA
STEEL AUTHORITY OF INDIA LIMITED
SANTOSH KUMAR JOARDAR
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A.Kabir, J. -
(1.)-This application has been filed for review of the judgment and order dated 10th February, 1995 delivered by my learned brother on behalf of the Appeal Bench in F.M.A.T. No. 196 of 1993, dismissing the appeal and confirming the judgment and order of the learned Single Judge passed in Civil Order No. 1472(W) of 1991 on 21st December, 1992, directing the authorities concerned to treat 29th November, 1937, as the writ petitioner's date of birth and to correct the relevant entries in his service book accordingly. The authorities were also directed to calculate the writ petitioner's date of superannuation on that basis and to forthwith re-instate him in service and treat the interim period till such reinstatement as period of continuous service and allow the petitioner all service benefits including emoluments for such period.
(2.)Appearing on behalf of the applicant, Steel Authority of India Ltd., the appellant in the above mentioned appeal, Mr. Sumit Panja, learned advocate, urged that this review application was flied on the discovery of new and important evidence having a direct bearing on the facts at issue in the writ petition, which evidence was existing on the date of delivery of the judgment and order, but after exercise of due diligence was not within the knowledge of the applicant and could not, therefore, be produced at the time when the judgment and order was delivered.
(3.)Mr. Panja submitted that after the judgment had been delivered in the appeal on 10th February, 1995, an employee of the applicant working with old files in the security department (Central Industrial Security Force) of the Durgapur Steel plant, found the writ petitioner's attestation Form wherein his date of birth was shown as 29th November, 1934, and not 29th November, 1937, as claimed by him.
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