SHREE CHANDRASHEKHAR, J. - (1.) The applicant Jharkhand State Food and Civil Supplies Corporation Limited approached the Letters Patent Court against order dated 01.03.2013 passed in W.P.(S) No. 6550 of 2002, whereby the order of compulsory retirement of the writ petitioner was quashed. The Letters Patent Appeal being L.P.A. No. 54 of 2014 was withdrawn as not pressed, however, with liberty to the Corporation to prefer a review petition. This order was passed on 19.01.2015. The respondent no. 1 filed Cont. Case (Civil) No. 239 of 2015 on 20.04.2015. He had previously filed Cont. Case (Civil) No. 557 of 2013 which, in view of pendency of L.P.A. No. 54 of 2014 was closed with a liberty to him to approach this Court after disposal of the Letters Patent Appeal, if necessary. The instant review petition, however, has been filed on 20.08.2016. A review petition against an order passed by the Writ Court in exercise of jurisdiction under Article 226 of the Constitution of India is, in essence, also under Article 226 and, therefore, the period of 30 days for filing review petition in other cases cannot be made applicable in the present proceeding. But, the delay and laches in preferring the instant petition after seeking a liberty from Letters Patent Court on 14.01.2015 writ large on the face of record. I am of the opinion that the instant review petition is liable to be dismissed on this count alone, however, considering the plea raised by the applicant in the present proceeding, I am inclined to adjudicate this petition on merits.
(2.) Applicant has raised a plea that the liability which arose prior to its coming into existence and incorporation cannot be fastened on it. This is the only plea taken by the applicant for seeking review of order dated 01.03.2013 passed in W.P.(S) No. 6550 of 2002.
(3.) The applicant Corporation was created vide Resolution No. 1004 dated 06.06.2009 of the Government of Jharkhand. It was registered with the Registrar of Companies, Bihar and Jharkhand which has issued certificate of incorporation dated 18.06.2010. The applicant asserts that by virtue of Resolution No. 223 dated 31.01.2011 issued by the Government of Jharkhand, it can accept services of 352 employees only, and since name of respondent no.1 does not figure in the said list, liability on account of the order passed in W.P.(S) No. 6550 of 2002 cannot be owned by it.;