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2006 Supreme(All) 149

RAKESH TIWARI
CHAIRMAN-CUM-MANAGING DIRECTOR, FERTILIZER CORPORATION OF INDIA LIMITED, GAUTAM BUDH NAGAR – Appellant
Versus
REGIONAL LABOUR COMMISSIONER (CENTRAL) & APPELLATE AUTHORITY, UNDER THE PAYMENT OF GRATUITY ACT, 1972, KANPUR – Respondent


JUDGMENT

Hon’ble Rakesh Tiwari, J.—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 S























































































































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