Vishweshwaraiah Iron and Steel Ltd. Vs. Abdul Gani and ors. - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/670923 |
| Subject | Constitution |
| Court | Supreme Court of India |
| Decided On | Jan-31-2002 |
| Case Number | Civil Appeal Nos. 7671-72 of 1997 and 1729 of 1998 |
| Judge | S.P. Bharucha, C.J.,; Syed Shah Mohammed Quadri,; U.C. Banerjee,; S.N. Variava and, JJ. |
| Reported in | (2002)ILLJ1097SC; 2002(2)SCALE74; (2002)10SCC437 |
| Appellant | Vishweshwaraiah Iron and Steel Ltd. |
| Respondent | Abdul Gani and ors. |
| Appellant Advocate | Indra Makwana and; Bharat Sangal, Advs. in CA No. 1729 of 1998 and; |
| Respondent Advocate | N. Ganpathy, Adv. in CA Nos. 7671-72 of 1997 |
Excerpt:
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[ s.p. bharucha, c.j.,; syed shah mohammed quadri,; u.c. banerjee,; s.n. variava and, jj.] -- constitution of india — article. 141 — reference to larger bench on disagreement — articles. 141 and 145(3) — reference to constitution bench — proper course in case a two-judge bench disagrees with decision of a three-judge bench — held, two-judge bench cannot make a reference directly to a constitution ben -- the order of reference was made to a constitution bench by a bench of two learned judges for the reason that they found some difficulty in coming to a conclusion as to whether an earlier constitution bench judgment and judgments of benches of three learned judges resolved this question......is upheld by the tribunal.2. the order of reference was made to a constitution bench by a bench of two learned judges for the reason that they found some difficulty in coming to a conclusion as to whether an earlier constitution bench judgment and judgments of benches of three learned judges resolved this question. in our view, a bench of two learned judges cannot make a reference directly to a constitution bench; this has been laid down in the judgment in pradip chandra parija v. pramod chandra patnaik1. it is, therefore, that this constitution bench will not decide the reference.3. the appeals are sent back to be listed before a bench of two learned judges. if that bench of two learned judges still faces some difficulty, it will make an order of reference to a bench of three learned.....
Judgment:S.P. Bharucha, C.J.,; Syed Shah Mohammed Quadri,; U.C. Banerjee,; S.N. Variava and, JJ.
1. The question that arises pursuant to the order of reference dated 11-11-1997 is whether the order of dismissal of a workman, which is upheld by the Industrial Tribunal on the leading of additional evidence, relates back to the date of its passing or operates from the date on which it is upheld by the Tribunal.
2. The order of reference was made to a Constitution Bench by a Bench of two learned Judges for the reason that they found some difficulty in coming to a conclusion as to whether an earlier Constitution Bench judgment and judgments of Benches of three learned Judges resolved this question. In our view, a Bench of two learned Judges cannot make a reference directly to a Constitution Bench; this has been laid down in the judgment in Pradip Chandra Parija v. Pramod Chandra Patnaik1. It is, therefore, that this Constitution Bench will not decide the reference.
3. The appeals are sent back to be listed before a Bench of two learned Judges. If that Bench of two learned Judges still faces some difficulty, it will make an order of reference to a Bench of three learned Judges.