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.

Advocate List
Bench
  • 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 Citations
  • 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
Head Note

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)