Anonymous
Asked February 28, 2017

Appeal against dismissal of Curative Petition

  • 1 Answer
  • 1461 Views

Dear Sir/Madam, The Curative Petitions(Civil) filed by the LIC of India (being aggrieved on the impugned judgement against Civil Appeal No.6950 of 2009 & Contempt Case No.459 of 2015) against different service associations have been dismissed by the Hon'ble Chief Justice,Justice Dipak Misra & Justice J.Chelameswar of Supreme Court of India on 22/02/2017. Sir, kindly suggest what might be the next possible legal step of LIC of India to make this matter convenient ? If after dismissal of the Curatives LIC remains silent what can be the next legal step for the victimized employees ?

Answer 1

The Supreme Court of India is the apex court of the land and its judgment is considered to be the final decision; it is the highest court of appeal. Article 137 of Indian Constitution[1] provides option of Review Petition for review of a Supreme Court order or judgment. This was the final and last platform until 2002 when in the case of Rupa Ashok Hurra vs Ashok Hurra & Anr[2] SC had recognised the concept or option of Curative Petition for the first time in India which is a final relief for aggrieved parties in case of dismissal of review petition. However, this is the last and final opportunity available to parties in Indian legal system and hence, in this case since the curative petition has been dismissed, LIC does not have any further legal remedies available before it.

 

[1] Available at:  https://indiankanoon.org/doc/249731/

[2] Available at: https://indiankanoon.org/doc/123456797/

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