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CASE NO.: Appeal (civil)  6589-6598 of 2002

PETITIONER: UNION OF INDIA & ORS

RESPONDENT: K.KRISHNAN PILLAI & ORS

DATE OF JUDGMENT: 30/04/2008

BENCH: H.K. SEMA & MARKAANDEY KATJU

JUDGMENT: JUDGMENT

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  

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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 petition.                  The appeals are disposed of.