IN THE HIGH COURT OF DELHI AT NEW DELHI
40
W.P.(C) 1339/2011
BSNL and ORS .....
Petitioners
Through: Mr.Sameer Aggarwal, Advocate
versus
BSNL OFFICERS ASSOCIATION (REGD) and ANR.
..... Respondents
Through: Ms.Rani Chawla, Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
O R D E R
28.02.2011
CM No.2848/2011 (Exemption) Allowed, subject to all just exceptions.
WP(C) No.1339/2011 and CM No.2847/2011
Heard Mr.Sameer Aggarwal, learned counsel for the petitioner.
It is submitted by him that the tribunal has erroneously placed reliance on the decision rendered by the Ernakulam Bench in the matter of M.V.Salilakumar and Ors. v. The Chairman and Managing Director and Ors.,
W.P.(C) 1339/2011 whereas the factual matrix is absolutely different and the said decision is not
applicable to the case at hand.
On a perusal of the order passed by the tribunal, we do not perceive that this stand has been taken before the tribunal. Learned counsel for the petitioner submitted that the stand was taken but the same has not been adverted to in the order.
Regard being had to the aforesaid submission, we are inclined to grant liberty to the petitioner to file an application for review under Section 22(F) of the Administrative Tribunals Act, 1985.
We may hasten to add that we have not dwelled upon the merits of the contentions as we have granted liberty to file an application for review.
With the aforesaid direction, the writ petition as well as the application stand disposed of.
CHIEF JUSTICE
SANJIV KHANNA, J
FEBRUARY 28, 2011
Sv
W.P.(C) 1339/2011
