J&K HC Rejects Dharmarth Trust’s Bid To Recall Ruling Upholding Chand Ram’s 50% Back-Wage Award, Says Appeal Was Available

The Trust had challenged an Industrial Tribunal award granting Chand Ram 50% back wages from the date of his termination until the award

Chand Ram appeared in the writ proceedings through counsel but was later proceeded against ex parte; the Trust’s petition was dismissed and the Tribunal’s award upheld

The Trust then sought recall of that judgment, asserting that Chand Ram had died before it was delivered, that his legal heirs had not been brought on record, and that the judgment was affected by jurisdictional and procedural defects

The Court noted that the Trust had not raised the death during the writ proceedings and had not pursued an appeal or review

The Court cited no statute or precedent. It stated that a party aggrieved by a judgment may challenge it by appeal, or seek review from the same court where an error apparent on the face of the record exists

The Court also observed that the Trust could have pursued an appeal against Chand Ram’s legal heirs if the judgment had been delivered after his death

The Court found that the Trust had not informed it of Chand Ram’s death at any point before the writ petition was decided, although it could have done so and sought substitution of his legal heirs

It considered recall an inappropriate means of challenging the judgment, particularly when appeal or review were available remedies

It also rejected the Trust’s assertion that the judgment had been reserved for several months, noting that it had been reserved on 4 December 2025 and delivered on 19 December 2025

dismissed CM No. 3228/2026 without an order as to costs