Q. What are the equivalent citations for Vishweshwaraiah Iron & Steel Ltd vs Abdul Gani ?

The equivalence citation are2002 (2) SCALE 74 ; (2002) 10 SCC 437 ; LQ/SC/2002/158 ;

Vishweshwaraiah Iron & Steel Ltd Vs. Abdul Gani On 31 January, 2002

Q: Q. What was the bench assigned for the case Vishweshwaraiah Iron & Steel Ltd vs Abdul Gani ?

HONBLE MR. JUSTICE S.P. BHARUCHA, HONBLE MR. JUSTICE S.M. QUADRI, HONBLE MR. JUSTICE UMESH CHANDRA BENERJEE, HONBLE MR. JUSTICE S.N. VARIAVA, HONBLE MR. JUSTICE SHIVARAJ V. PATIL

Open iDraf

Vishweshwaraiah Iron & Steel Ltd v. Abdul Gani

Vishweshwaraiah Iron & Steel Ltd
v.
Abdul Gani

(Supreme Court Of India)

Civil Appeal No. 7671, 7672 Of 1997 & 1729 Of 1998 | 31-01-2002

(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 and Ors. v. Pramod Chandra Patnaik and Ors., 2002 (1) SCC 1 [LQ/SC/2001/2812 ;] . 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.

Advocates List

For the Appearing Parties --------------------

Bench List

HON'BLE MR. JUSTICE S.P. BHARUCHA

HON'BLE MR. JUSTICE S.M. QUADRI

HON'BLE MR. JUSTICE UMESH CHANDRA BENERJEE

HON'BLE MR. JUSTICE S.N. VARIAVA

HON'BLE MR. JUSTICE SHIVARAJ V. PATIL

Eq Citation

2002 (2) SCALE 74

(2002) 10 SCC 437

LQ/SC/2002/158

HeadNote

Labour Law — Industrial Disputes Act, 1947 — S. 33-C — Reference to Constitution Bench by Bench of two Judges — Held, a Bench of two Judges cannot make a reference directly to a Constitution Bench — Matter remanded to Bench of two Judges for decision