Rakesh Tiwari, J. - (1.) Review of the judgment dated 26.5.2005 in Civil Misc. Writ No. 36892 of 2004 has been sought on the following grounds:GROUNDS (i) Because, the judgment and order dated 26.5.2005 dismissing all the 52 connected writ petitions suffers from errors apparent on the face of the record. (ii) Because, the provisions of Clause 4.2 of the Voluntary Retirement Scheme (V.R.S) introduced in the National Fertilizers Limited, by the Circular No. PA-134035 dated 17.10.2001 were not binding on the Fertilizer Corporation of India Limited, which has its own Voluntary Separation Scheme (V.S.S) with no provision like the said Clause 4.2, there is basic difference between the V.R.S and V.S.S referred to above. (iii) Because, the error that has inadvertently crept into the judgment of this Hon'ble Court dated 26.5.2005 is such that but for it the writ petitions filed by the petitioners-applicants would not have been dismissed. (iv) Because, in view of the fact that Clause 4.2 providing for payment of gratuity for training period occurs only in the Voluntary Retirement Scheme (V.R.S) introduced in the National Fertilizers Limited and not at all in the Voluntary Separation Scheme (V.S.S) framed by the Fertilizer Corporation of India Limited for its employees, the question of the claim of the petitioners being barred by 'waiver', 'estoppel' or 'promissory estoppel' did not arise. (v) Because a completely new case not supported by any evidence on record has been made out in the judgment dated 26.6.2005 passed in Civil Misc. Writ Petition No. 36892 of 2004 and 51 connected writ petitions. (vi) Because in view of the decision of the Hon'ble Supreme Court reported in AIR2003 SC 2870 , JT2003 (6)SC 68 , 2003 (5)SCALE418 , (2003)6 SCC490 , 2004 (1)SLJ416 (SC), (2003)2 UPLBEC1769 Officers and Supervisors of IDPL v. Chairman and Managing Director, IDPL and Ors., the contesting respondents in the Civil Misc. Writ Petition No. 36892 of 2004 and connected writ petitions could not claim additional benefit after opting for the V.S.S (Voluntary Separation Scheme).
(2.) Since the review application is based on the ground that there is error apparent on the face of record in the judgment dated 26.5.2005 and a new case has been made out by the Court the following orders were passed on 25.10.2005 calling for the original files/records of cases from the office of the Controlling Authority : Hon. Rakesh Tiwari, J Heard Sri R.S.Mishra for the petitioner-applicants and Sri Sankatha Rai for the respondent-opposite parties at length in the review application. After hearing the learned counsel, the Court thinks it proper that original records are necessary to be seen. Sri R.S. Mishra will inform the Court about the leading case in which evidence and documents have been filed particularly in Voluntary Separation Scheme in pursuance of which the employees are stated to have taken voluntary retirement from the Fertilizer Corporation of India. He may also file an affidavit enclosing Office Memorandum dated 5.5.2002 in regard to Voluntary Separation Scheme. List this case on 9.11.2005. Sd/-Illigible 25.10.2005
(3.) A Supplementary Affidavit dated 9.11.2005 in review application was also filed by the petitioner/reviewist in pursuance of the aforesaid direction annexing therewith copy of the Office Memorandum dated 5.5.2000 as S.A-1 and photocopy of application form of Sri Parvej Ahmad opting for Voluntary Separation, proforma of acceptance of Voluntary Separation with amount of VSS calculated for payment to the employee as Annexure S.A. 2.;