2001-VIL-51-SC-DT

Equivalent Citation: Other Citation: [2001] 249 ITR 669, 117 TAXMANN 377, 2001 (3) SCR 208, 2001 (4) SCC 448, [2001] 123 STC 106 (SC)

Supreme Court of India

C.A. 6213 OF 1997

Date: 25.04.2001

BHARAT PETROLEUM CORPORATION LTD.

Vs

MUMBAI SHRAMIK SANGHA AND OTHERS

For the  Appellant (s) : Mr. T.R. Andhyarujina, Sr.Adv., M/s. P.H. Parekh, Sameer Parekh And Mr. Birender Saraf &Ms.Indoo P.Verma, Advs.
For the Respondent (s) : Mr. Colin Gonsalves, Adv., Mr. Bharat Sangal, Ms.Aparna Bhat And Ms. Asha Pathak, Advs.

BENCH

S. P. Bharucha, V. N. Khare, N. Santosh Hegde, Y. K. Sabharwal And Shivaraj V. Patil JJ.

JUDGMENT

The order of reference to a Constitution Bench is dated January 13, 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] 46 FJR 60 (SC). 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.

 

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