BSNL Vs. BSNL OFFICERS ASSOCIATION

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 05.09.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in review application 125/2011 in OA 1282/2010. The review application was filed before the said Tribunal after liberty having been granted by this Court by virtue of its order dated 28.02.2011. We shall advert to that order shortly.

(2.) FIRST of all, it has to be seen that in the first round, while disposing of the original application No. 1282/2010, by an order dated 26.08.2010, the said Tribunal had clearly observed that the present matter was covered in favour of the applicants therein and the respondents herein by the decision of the Ernakulam Bench of the Tribunal in the matter of M. V. Salilakumar & Others v. The Chairman and Managing Director and others: (TA No. 84/2008 and other connected TAs decided on 15.07.2009) and as such, there would be no need to give the facts in detail. We may point out at this juncture itself that the order dated 26.08.2010 was an order which was dictated in open court and the counsel for both the sides were present. It does not appear at all from the order that the learned counsel for the petitioner herein had pointed out that the facts of the Ernakulam case were different from the present case. The Tribunal had proceeded on the basis that the position in both the cases was similar and, therefore, it observed in paragraph 4 as under:-

(3.) EVEN before us, the learned counsel for the petitioner was asked to show us from his reply as to where he has pleaded that the facts of the present case are different from the Ernakulam case. He drew our attention to paragraph 4.14 of his reply to the OA before the Tribunal. Unfortunately, on going through the entire paragraph, we do not find a single statement to the effect that the facts of the Ernakulam case are different from the facts of the present case.