Sonaful Bharali v. The Oil India Ltd. and 5 Ors

O R D E R

02.02.2024

Heard Mr. D. K. Das, learned counsel for the review petitioner as well as Mr. A. Sarma, learned standing counsel, Oil India Ltd.

¶2By this review petition, the petitioner is praying for review of the order dated 21.11.2022 passed by this Court in WP(C)/7407/2022, whereby, the writ petition claiming for change of date of birth of the petitioner was dismissed.

¶3The learned counsel for the review petitioner on the basis of Provident Fund Statement for the year 2022-23 seeks review of the order dated Page No.# 3/3

21.11.2022 on the ground that the respondents have changed the date of birth of the petitioner from 01.03.1963 to 01.03.1969.

¶4The learned counsel for the Oil India Ltd./respondents however has furnished copies of the Provident Fund Statement for the years 2017-18, 2018-19, 2019-2020, 2020-21, 2021-22 and 2022-23. It is submitted that the Provident Fund Statement is made on a yearly basis and the date of birth of the petitioner has been consistently recorded as 01.03.1963 and not as claimed by the petitioner. The learned counsel for the review petitioner has failed to show this Court any error apparent on the face of the records for a review of the order dated 20.11.2022 passed by this Court in WP(C)/7407/2022. The present review petition appears to be a re-hearing of the matter in disguise and to re-write a judgment by which the controversy has been finally decided. Therefore, the petitioner cannot be permitted to re-agitate and re-argue questions which have already been addressed and decided.

¶5The contentions made by the learned counsel for the review petitioner has already been discussed by this Court in the order dated 20.11.2022 and therefore, this Court does not find any merit in the present review petition and is accordingly dismissed.

CHIEF JUSTICE (ACTING) Comparing Assistant

PageoNo.#o1/3 GAHC010071012023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./47/2023o SONAFULoBHARALIo S/OoJAGENoBHARALI,oR/OoNO.o1oMADHGHARIA,oPATHARQUARY,o GAONBURAHoPATH,oP.O.-UDYANVIHAR,oKAMRUP(M),oASSAM,oPIN-781171 VERSUSo THEoOILoINDIAoLTD.oANDo5oORS.o AoPUBLICoSECTORoUNDERTAKING,oINCORPORATEDoUNDERoTHEo PROVISIONSoOFoTHEoCOMPANIESoACT,o1956,oHAVINGoITSoREGISTEREDo OFFICEoAToP.O.-DULIAJAN,oDIST-oDIBRUGARH,oASSAM,oPIN-786602 2:THEoCOMMISSIONER oEMPLOYEEoPROVIDENToFUND oBHAVISHYANIDHIoBHAWAN oG.SoROAD oNEARoBHARALUoBRIDGE oBHANGAGARH oGUWAHATI-781005 oDIST-KAMRUPo(M) oASSAM 3:THEoCHIEFoGENERALoMANAGER oOILoINDIAoLIMITED oP.O.-DULIAJAN oDIST-oDIBRUGARH oASSAM oPIN-786602 4:THEoCHIEFoGENERALoMANAGER oPIPELINEoSERVICES oOILoINDIAoLIMITED oP.O.-UDYANVIHAR oGUWAHATI oPIN-781171 Page No.# 2/3 5:THE EMPLOYEE PROVIDENT FUND SECTION OIL INDIA LIMITED P.O.-DULIAJAN DIST- DIBRUGARH ASSAM PIN-786602 6:THE MANAGER (SECURITY) PIPELINE OIL INDIA LIMITED P.O.-UDYANVIHAR GUWAHATI PIN-78117 Advocate for the Petitioner : MR D K DAS Advocate for the Respondent : SC, OIL BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. LANUSUNGKUM JAMIR