LexT. K. DAVID versus KURUPPAMPADY SERVICE CO-OPERATIVE BANK LTD. & ORS.
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A B C D E F G H 663 T. K. DAVID v. KURUPPAMPADY SERVICE CO-OPERATIVE BANK LTD. & ORS. (Special Leave Petition (C) No. 10482 of 2020) OCTOBER 05, 2020 [ASHOK BHUSHAN, R. SUBHASH REDDY AND M.R. SHAH, JJ.] Special Leave petition: Maintainability of – Petitioner filed writ petition before High Court challenging the order of compulsory retirement – Writ petition was dismissed, writ appeal there against was also dismissed and special leave petition was also dismissed by the Supreme Court – Thereafter, petitioner filed review petition before the High Court against the order passed in writ appeal which was also dismissed by impugned order – Maintainability of special leave petition against impugned order – Held: When the special leave petition challenging the earlier judgment was already dismissed, such dismissal became final between the parties – In this special leave petition, the petitioner could not challenge the earlier order against which he unsuccessfully earlier filed the special leave petition – When the main judgment of the High Court cannot be effected in any manner, no relief can be granted in the special leave petition filed against order rejecting review application to review the main judgment of the High Court. Dismissing the Special Leave Petition, the Court HELD: The rationale for not entertaining a special leave petition challenging the order of High Court rejecting the review petition when main order in the writ petition is not challenged can be easily comprehended. Against the main judgment, the SLP having been dismissed earlier, the same having become final between the parties cannot be allowed to be affected at the instance of petitioner. When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting [2020] 13 S.C.R. 663 663 A B C D E F G H 664 SUPREME COURT REPORTS [2020] 13 S.C.R. review application to review the main judgment of the High Court. This Court does not entertain a special leave petition in which no relief can be granted. [Para 15][671-E-G] Municipal Corporation of Delhi v. Yashwant Singh Negi [2013] 2 SCR 550; Bussa Overseas and Properties Private Limited and Anr. v. Union of India and Anr., (2016) 4 SCC 696: [2016] 1 SCR 266 – relied on Kunhayammed and Ors. v. State of Kerala and Anr. (2000) 6 SCC 359: [2000] 1 Suppl. SCR 538 – referred to Case Law Reference [2000] 1 Suppl. SCR 538 referred to Para 5 [2013] 2 SCR 550 relied on Para 11 [2016] 1 SCR 266 relied on Para 15 CIVIL APPELLATE JURISDICTION : Petition for Special Leave to Appeal (C) No. 10482 OF 2020 From the Judgment and Order dated 06.02.2020 of the High Court of Kerala at Ernakulum in R.P.(C) No. 805 of 2018 in WA(C) 399/2014. Mathews J. Nedumpara, Rabin Majumder, Ms. Maria Nedumpara, Amrit Pal Singh, Ms. Akansha Srivastava, Advs. for the appearing parties. ASHOK BHUSHAN, J. 1. This special leave to appeal has been filed against the Division Bench judgment of the Kerala High Court dated 06.02.2020 rejecting the Review Petition No. 805 of 2018 filed by the petitioner in Writ Appeal No. 399 of 2014. 2. Brief facts necessary to consider this special leave petition need to be noted. 3. The petitioner was an employee of Kuruppampady Service Co-operative Bank. Petitioner was suspended and disciplinary inquiry was conducted by the Bank. The Bank vide order dated 20.03.2003 dismissed the petitioner consequent to domestic enquiry. There has been series of litigation between the petitioner and the Bank and thereafter A B C D E F G H 665 Cooperative Arbitration Court by order dated 18.08.2010 gave award by which punishment of dismissal was modified as reduction to a lower rank. Against the order dated 18.08.2010 both the petitioner as well as the Bank filed Appeal No. 78 of 2010 and No. 81 of 2010 respectively. The Cooperative Tribunal vide its judgment dated 16.08.2011 disposed of both the appeals by which the punishment of compulsory retirement on 20.03.2003 was imposed with terminal benefits subject to liability, if any, duly assessed. Against the order of the Cooperative Tribunal a writ petition was filed by the petitioner before the learned Single Judge of the Kerala High Court, which writ petition was dismissed by judgment dated 31.07.2013 against which judgment Writ Appeal No. 1313 of 2013 was filed by petitioner before the Division Bench. The Division Bench of the High Court vide its judgment dated 11.03.2015 dismissed
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