Review Applications dismissed due to High Court upholding underlying order.

The captioned OAs were decided via a common order/judgment dated 28.07.2025.

The respondents in the OAs (the petitioners in the RAs) initially sought to challenge this common order/judgment before the Hon'ble High Court of Punjab and Haryana at Chandigarh through various Writ Petitions, which were dismissed on 12.11.2025 (Annexure RA-3) and 06.11.2025 (Annexure AR-2), with liberty accorded to the petitioners to approach the Tribunal by way of a Review Application.

Subsequently, the Review Applicants also approached the Hon'ble High Court of Delhi via WP No. 237/2026 to challenge the same common order/judgment, which was dismissed by an order/judgment dated 08.01.2026.

Review Applications (RAs) were filed with a delay of 142 days, and accompanying MAs were filed to seek condonation of this delay.

Whether the delay in filing the Review Applications should be condoned.

Whether the Review Applications should be entertained, given that the original common order/judgment of the Tribunal has been upheld by the Hon'ble High Court of Delhi.

The court applied the principle that delay in filing applications can be condoned if there are bonafide administrative reasons and the delay is neither willful nor deliberate.

The court also applied the doctrine of res judicata or issue estoppel by relying on the fact that an order/judgment of the Tribunal, once upheld by a higher court (Hon'ble High Court of Delhi), renders subsequent review applications against the same order unsustainable, as it would constitute a misuse of the process of law.

The High Court of Delhi, in its order dated 08.01.2026, had relied on its previous judgment in W.P.(C) 15248/2022 titled *Union of India & Ors. v. Sanjeev Kumar & Anr.*, which was affirmed by the Hon'ble Apex Court.

The Tribunal found that the delay in filing the RAs was due to the administrative process of approaching the High Courts first and then deciding to file the RAs pursuant to the liberty granted by the High Court of Punjab and Haryana, thus justifying the condonation of delay.

However, the core of the Tribunal's analysis hinged on the fact that the common order/judgment dated 28.07.2025, which was sought to be reviewed, had already been explicitly upheld by the Hon'ble High Court of Delhi on 08.01.2026.

The Delhi High Court, in its judgment in *Union of India & Ors. V/s Avinash Kumar & Anr.* (WP(C) No. 237/2026), had referred to and relied upon its previous judgment in *Union of India V. Sanjeev Kumar & Anr.*, against which an SLP was dismissed by the Hon'ble Apex Court.

Therefore, the Tribunal concluded that entertaining the RAs after the matter had been affirmed by a higher court would be an abuse of the legal process.

However, the RAs themselves were dismissed with cost, as the common order/judgment dated 28.07.2025, sought to be reviewed, had already been upheld by the Hon'ble High Court of Delhi, making the RAs a misuse of the process of law.