Bharat Petroleum Corporation Ltd Vs. Mumbai Shramik Sangha On 25 April, 2001

Open iDraf

Bharat Petroleum Corporation Ltd v. Mumbai Shramik Sangha

Bharat Petroleum Corporation Ltd
v.
Mumbai Shramik Sangha

(Supreme Court Of India)

Civil Appeal No. 6213 Of 1997 With Interlocutory Application No. 3 To 6 | 25-04-2001

S.P. Bharucha, J. 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. Order accordingly.

Advocates List

For the Appearing Parties - Mr. T.R. Andhyarujina, Mr. P.N. Misra, Senior Advocates with 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, Advocates.

Bench List

HON'BLE MR. JUSTICE S.P. BHARUCHA

HON'BLE MR. JUSTICE V.N. KHARE

HON'BLE MR. JUSTICE N. SANTOSH HEGDE

HON'BLE MR. JUSTICE Y.K. SABHARWAL

HON'BLE MR. JUSTICE SHIVARAJ V. PATIL

Eq Citation

2001 (2) SCT 960 (SC)

2001 (2) UC 50

[2001] 117 TAXMAN 377 (SC)

[2001] 3 SCR 208

(2001) 3 COMPLJ 156 (SC)

(2001) 4 SCC 448

(2001) 2 UPLBEC 1764

(2001) 2 LLJ 248 (SC)

[2001] 249 ITR 669 (SC)

[2001] 123 STC 106 (SC)

JT 2001 (5) SC 120

2001 (2) UJ 857

2001 (3) SCALE 531

LQ/SC/2001/1112

HeadNote

Constitution of India — Art. 136 — Reference to Constitution Bench — Whether a Bench of two Judges can refer a matter to a Constitution Bench — Held, a decision of a Constitution Bench of Supreme Court binds a Bench of two learned Judges of Supreme 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 — Constitution of India, Art. 136 (Para 2)