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40. In view of the legal principle settled in the matter of binding precedent, now, this Court is bound by the legal principles settled by the Constitution Bench of the Hon'ble Supreme Court of India in the Umadevi Case. Admittedly, there is no other subsequent Constitution Bench judgment in respect of the subject of regularization and permanent absorption. The last judgment rendered by the Constitution Bench in the subject matter is Umadevi Case. Thus, the legal principles settled by the Constitution Bench in Umadevi Case are of binding precedent or to be followed as binding precedent. Thus, the facts and circumstances of the present writ petition has to be considered only in the light of the principles laid down by the Constitution Bench. All other judgments subsequently passed by the Hon'ble Supreme Court of India may have certain distinctions far and against. However, these judgments are to be interpreted only based on the facts and circumstances prevailing in that particular case and therefore, this Court cannot consider those judgments delivered on a particular facts in relation to that particular case. However, the legal principles are to be considered in relation to the facts and circumstances of the present case on hand.
77. In the above said case, the Hon'ble Two Judges Bench distinguished that case with the Umadevi Case. The very language used in Paragraph (11) states that in our opinion, the decision in Umadevi Case is clearly distinguishable. The said decision cannot be applied to a case where regularization has been sought for in pursuance of Article 14 of the Constitution. However, this Court is of the opinion that their Lordships have distinguished the Umadevi Case in respect of the facts and circumstances that the case. When their Lordships have distinguished that case, this Court is of the opinion that the legal principles settled in Umadevi Case has not been deviated by the Hon'ble Two Judges Bench of the Hon'ble Supreme Court of India, as it is a binding precedent as stated by this Court in earlier paragraphs.
78. Umadevi Case being a binding precedent and when the case was distinguished from Umadevi Case on factual circumstances, the same cannot be applied in the present case before this Court.
79. The judgment in the case of State of Uttaranchal and another Vs. Prantiya Sinchai Avam Bandh Yogana Shramik Mahaparishad, reported in (2007) 12 SCC 483 and the relevant paragraph (5) is cited by the learned counsel for the petitioner which is extracted hereunder:
5. A writ petition was filed before the Uttaranchal High Court which was dismissed by the impugned order. The High Court was of the view that all the 14 workmen, in question, were working on daily wages for more than six years and had completed 240 days in each calendar year and they ought to be regularised. Accordingly, the writ petition was dismissed.

97. Again, in this case also, the Hon'ble Supreme Court of India has deviated the principles laid down in Umadevi Case. Thus, this Court has to derive an opinion that the decision would be denuded of its status as precedents. For all these reasons, this Court has to independently apply the legal principles settled by the Constitution Bench in the Umadevi Case.

98. In the case of Prem Ram Vs. Managing Director, Uttarakhand Pey Jal & Nirman Nigam, Dehradun and Others, reported in (2015) 11 SCC 255, undoubtedly, the Hon'ble Supreme Court of India has decided the case based on the facts and circumstances of the case. However, on a plain reading of the judgment, this Court is of the opinion that the legal principles settled by the Constitution Bench has not been considered by the Hon'ble Two Judges Bench of the Hon'ble Supreme Court of India. Thus, this Court is not inclined to follow the judgment for the purpose of deciding the case on hand.