Union of India & Ors Vs. K.Krishnan Pillai & Ors  INSC 766 (30
H.K. SEMA & MARKAANDEY KATJU
O R D E R CIVIL APPEAL NO. 6589-6598 OF 2002 Heard.
These appeals are directed against the judgment and order of the Kerala High
Court dated 17.1.2002. In view of the judgment passed by this Court in the case of Union of India
and Another vs. R.Swami Nathan & Others reported in 1997 (7) SCC 690 the
order of the High Court is set aside.
The problem, however, subsists because against the order of the Tribunal
dated 29.10.1993 passed in O.A.No. 1134/1993, the special leave petition No.
...CC. 2293/1995 was dismissed in limine by the two Judge Bench of this Court
on 8.5.1995. The special leave petition was dismissed by a non-speaking order.
In that view of the matter the judgment rendered by the Tribunal attains
finality. We are of the view that the subsequent judgment delivered by three
Judge Bench of this Court in R.Swaminathan case (supra) on the same question of
law will prevail because it is supported with reasons.
In these circumstances we allow the appellant to file a review petition
before the Tribunal for review of its order dated 29.10.93. If the review
petition is filed within six weeks from today, the Tribunal shall entertain the
review petition without raising any objection of limitation. The appellant
shall necessarily produce before -2- the Tribunal the judgment of the three
Judge Bench of this Court rendered in R.Swaminathan and Others (supra). On
considering of the aforesaid judgment the Tribunal may pass an appropriate
order in accordance with law. The Tribunal is directed to decide the review
petition within three months from the date of the filing of the review
The appeals are disposed of.