Bharat Petroleum Corporation Ltd. Vs. Mumbai Shramik Sangha and Ors.
EmailAppeal: Civil Appeal No. 6213 of 1997
With I.A. Nos. 3 to 6
(From the Judgment and Order dated 30/31.1.97 and 21.2.97 of the Bombay High Court in W.P. No. 436 of 1991
With I.A. Nos. 3 to 6
(From the Judgment and Order dated 30/31.1.97 and 21.2.97 of the Bombay High Court in W.P. No. 436 of 1991
Petitioner: Bharat Petroleum Corporation Ltd.
Respondent: Mumbai Shramik Sangha and Ors.
Apeal: Civil Appeal No. 6213 of 1997
With I.A. Nos. 3 to 6
(From the Judgment and Order dated 30/31.1.97 and 21.2.97 of the Bombay High Court in W.P. No. 436 of 1991
With I.A. Nos. 3 to 6
(From the Judgment and Order dated 30/31.1.97 and 21.2.97 of the Bombay High Court in W.P. No. 436 of 1991
Judges: S.P. BHARUCHA, V.N. KHARE, N. SANTOSH HEGDE, Y.K. SABHARWAL & SHIVARAJ V. PATIL, JJ.
Date of Judgment: Apr 25, 2001
Appearances:
Mr. T.R. Andhyarujina, Mr. P.N. Misra, Senior Advocates, Mr. P.H. Parekh, Mr. Sameer Parekh, Mr. Birender Saraf, Ms. Indoo P. Verma, Mr. Colin Gonsalves, Mr. Bharat Sangal, Ms. Aparna Bhat, Ms. Asha Pathak, Mr. Biswajit S., Mr. C.K. Ganguli, Mr. Brij Bhushan, Mr. K.C. Kaushik, (Mr. C. Radhakrishna) Advocate for Mr. Arvind Kr. Sharma, Advocate/Advocates with them for the appearing parties.
Head Note:
JUDICIAL DISCIPLINE / PRACTICE AND PROCEDURE
Constitution
Article 136 – Two Judges Bench of Supreme Court doubting the correctness of the scope of Section 10 of the Contract Labour (Regu-lation and Abolition) Act, 1970 in decision rendered by Constitu-tion Bench. Matter referred to Constitution Bench. Held that decision of Constitution Bench was binding upon two Judges Bench. At the most, matter could be referred to a Bench of three Judges. Matter accordingly to be listed before three Judges Bench. (Para 2)
JUDGEMENT:
ORDER
1. The order of reference to a Constitution Bench is dated 13th January, 1998. Two learned Judges of this Court have doubted the correctness of the scope attributed to Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 in the Constitution Bench Judgment in Gammon (India) Ltd. v. Union of India (1974 (3) SCR 665). This is how the matter comes before us.
2. We are of the view that a decision of a Constitution Bench of this Court binds a Bench of two learned Judges of this Court and that judicial discipline obliges them to follow it, regardless of their doubts about its correctness. At the most, they could have ordered that the matter be heard by a Bench of three learned Judges.
3. Accordingly, this matter shall now be heard and decided by a Bench of two learned Judges.
1. The order of reference to a Constitution Bench is dated 13th January, 1998. Two learned Judges of this Court have doubted the correctness of the scope attributed to Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 in the Constitution Bench Judgment in Gammon (India) Ltd. v. Union of India (1974 (3) SCR 665). This is how the matter comes before us.
2. We are of the view that a decision of a Constitution Bench of this Court binds a Bench of two learned Judges of this Court and that judicial discipline obliges them to follow it, regardless of their doubts about its correctness. At the most, they could have ordered that the matter be heard by a Bench of three learned Judges.
3. Accordingly, this matter shall now be heard and decided by a Bench of two learned Judges.
