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Bharat Petroleum Corporation Ltd. v. Mumbai Shramik Sangha and Ors .

Hearing Adjourned
Court
Supreme Court of India
Decided
25 April 2001
Bench
S. P. Bharucha, V.N. Khare, N. Santosh Hegde, Y. K. Sabharwal, Shivaraj V. Patil
Result
Matter is still pending.

Headnote

Judicial discipline-Judgment given by a Constitution Bench*-Bench of two Judges doubted the correctness of judgment ·of Constitution Bench-Consequential reference-Held-Decision· of Constitution Bench binds a Bench of two Judges-Judicial discipline obliges them to follow it-Accordingly matter should be heard and decided by a Bench of two Judges.

*Gammon (India) Ltd. v. Union of India, [1974] 3 SCR 665, referred to.

Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.

Judgment

ORDER

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.

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.

Accordingly, this matter shall now be heard and decided by a Bench of two learned judges.

Case details

Arising from

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6213 of 1997.

From the Judgment and Order dated 30/31.1.97 and 21.2.97 of the Bombay High Court in W.P. No. 436of1991.

Appearances

T.R. Andharujina, P.N. Misra, P.H. Parekh, Sameer Parekh, Birender Saraf, Ms. Indoo P. Verma, Colin Gonsalves, Bharat Sangal, Ms. Aparna Bhat, Ms. Asha Pathak, Biswajit S., C.K. Ganguli, Brij Bhushan, K.C. Kaushik and C. Radhakrishna for Arvind Kr. Sharma for the appearing parties.

Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.