Bank of India Vs. Venkatesh Gopal Mahishi & Anr.
 Insc 25 (8
P. Mathur & Lokeshwar Singh Panta
APPLICATION NO. 5 OF 2007 IN CIVIL APPEAL NO. 5503 OF 2003
O R D
Heard the learned counsel for the parties.
This application has been filed by the appellant Bank for correction of
factual submission No. 1 recorded at internal page 4 of the judgment of this
Court dated 12.01.2007.
the judgment dated 12.01.2007, this Court recorded three submissions made by Shri
Raju Ramachandran, Senior Advocate appearing on behalf of applicant bank. The
first submission as recorded in the judgment was, pension regulations do
not apply to the respondent No. 1 as he is an award staff. This submission
appears to have been mistakenly mentioned in the judgment dated 12.01.2007 and
it needs to be suitably corrected to the extent that there was no
scheme/provision of voluntary retirement in the terms and conditions of service
applicable to the award staff to which respondent No. 1 belonged.
rectification of the above said submission is essential because this factual
mistake has been recorded in the judgment as a submission of the learned senior
counsel appearing on behalf of the appellant bank due to oversight.
applicant bank in this application has categorically submitted that the
pension regulations are applicable to all employees of the bank irrespective of
whether they are officers or award staff.
Thus, in the factual situation as noticed above, the first submission recorded
in the judgment dated 12.01.2007 shall stand rectified and corrected to the
above extent which shall form part of the main judgment. We may make it clear
that this order of change/rectification of the factual mistake of first submission
noticed in the judgment will have no bearing or effect on the final result of
the appeal which was decided on other issues and contentions on merits.
Interlocutory Application stands, accordingly, allowed.
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