SBCWRW153/2009 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Review Petition No.153/2009 In S.B. Civil Writ Petition No.4164/2000 {Ramkaran Sharma Vs. Block Development Officer, Panchayat Samiti, Jamwaramgarh, District Jaipur} Date of Order ::: 22.01.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri D.P. Sharma, Counsel for petitioner #### By the Court:- Ramkaran Sharma, who was the respondent No.1 in the writ petition, has filed this petition seeking review of a part of the order dated 10.07.2009 passed by this Court in S.B. Civil Writ Petition No.4164/2000, by which the earlier order accepting his application under Section 17-B of the Industrial Disputes Act, 1947, was recalled with liberty to the writ petitioner to recover the amount paid to him, in accordance with the law. Shri D.P. Sharma, learned counsel for SBCWRW153/2009 // 2 // the petitioner, has contended that the finding recorded in Para 6 of the order, of which review is sought, to the effect that the writ-petitioner concealed the fact that the review-petitioner was actually removed from service on 20.10.1997, and that another reference was made by the appropriate Government by Notification dated 17.03.2007 on the question of validity of fresh removal, is based on misreading of the material on record amounting to error apparent on the face of the record, which justify review of the order. Learned counsel for the review- petitioner submitted that the writ- petitioner concealed the material fact from the court that the Gram Panchayat had given a certificate dated 31.01.2005 which is on the record, to the effect that after his reinstatement in service on 26.02.1996, the review-petitioner continuously worked up-to 31.01.2005. The Gram Panchayat merely gave show-cause notice to the review-petitioner, however, his services were never terminated. Upon hearing the learned counsel for the review-petitioner and perusing the SBCWRW153/2009 // 3 // material on record, I find that the writ -petitioner with the application for recall of the order dated 04.08.2008 earlier passed on application under Section 17-B of the Act of 1947, placed on the record a copy of the statement of claim filed by the review- petitioner himself before the Labour Court, in which fresh reference was made. A perusal of the statement of claim reveals that the appropriate Government, by Notification dated 17.03.2007, made a reference in which review-petitioner was again shown to have been removed from the service by the Sarpanch of Gram Panchayat, Futolav, by order dated 20.10.1997, and, in Para 15 of the Statement of Claim a prayer has been made by the review-petitioner that his removal by oral order by the non-claimants vide order dated 20.10.1997 be declared illegal and he be declared entitled to reinstatement in service with full back wages. In the face of the Notification issued by the Government and the statement of claim filed by the review-petitioner himself, the plea now set up by him in the review petition cannot be entertained. SBCWRW153/2009 // 4 // In the result, I do not find any merit in this review petition and it is accordingly dismissed. (Mohammad Rafiq) J. //Jaiman//