Supreme Court of India
Bharat Petroleum Corporation Ltd vs Mumbai Shramik Sangha And Ors on 25 April, 2001
Bench: S.P. Bharucha, V.N. Khare, N. Santosh Hegde
CASE NO.: Appeal (civil) 6213 of 1997 PETITIONER: BHARAT PETROLEUM CORPORATION LTD. RESPONDENT: MUMBAI SHRAMIK SANGHA AND ORS. DATE OF JUDGMENT: 25/04/2001 BENCH: S.P. BHARUCHA & V.N. KHARE & N. SANTOSH HEGDE & Y.K. SABHARWAL & SHIVARAJ V. PATIL JUDGMENT:
JUDGMENT 2001 ( 3 ) SCR 208 The following Order of the Court was delivered :
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 A 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.
T.N.A. Matter is still pending.