1998 JTR(SC) 1124
1999 1 LLJ 1109 ; 2002 2 LLN 392 ; 1998 6 Scale 288 ; 2000 1 SCC 224 ; 2000 SCC(L&S) 120 ; 2000 KHC 4106
SUPREME COURT OF INDIA
COIR BOARD,ernakuam,kerala STATE
Versus
INDIRA DEVI P. S
Decided on November 10, 1998
The main legal point established is the binding nature of judgments by larger benches on smaller benches, and the lack of requirement for reconsideration unless specifically referred.
Act
Referred
:CONSTITUTION OF INDIA : Art.141
INDUSTRIAL DISPUTES ACT : S.2(j)
Judgment - Bangalore Water Supply and sewerage Board vs. A. Rajappa and Ors. - The court reaffirmed the binding nature of a previous judgment by a larger bench and stated that it does not require reconsideration by a smaller bench.
Fact of the Case:
The court considered an order made in Civil Nos. 1720-21 of 1990 and the impact of a previous judgment in Bangalore Water Supply and sewerage Board vs. A. Rajappa and Ors. 1978 2 SCC 213, which had led to subsequent amendments in the law.
Finding of the Court:
The court found that the judgment in Bangalore Water Supply case does not require reconsideration by a smaller bench and is binding on subsequent cases.
Issues: The issue was whether a previous judgment by a larger bench required reconsideration by a smaller bench, and the impact of subsequent amendments to the law based on that judgment.
Ratio Decidendi: The ratio decidendi was that the judgment of a larger bench is binding on smaller benches and does not require reconsideration unless specifically referred for reconsideration.
Final Decision: The appeals were to be listed before the appropriate bench for further proceedings.
Judgment - Bangalore Water Supply and sewerage Board vs. A. Rajappa and Ors. - The court reaffirmed the binding nature of a previous judgment by a larger bench and stated that it does not require reconsideration by a smaller bench.
Fact of the Case:
The court considered an order made in Civil Nos. 1720-21 of 1990 and the impact of a previous judgment in Bangalore Water Supply and sewerage Board vs. A. Rajappa and Ors. 1978 2 SCC 213, which had led to subsequent amendments in the law.
Finding of the Court:
The court found that the judgment in Bangalore Water Supply case does not require reconsideration by a smaller bench and is binding on subsequent cases.
Issues: The issue was whether a previous judgment by a larger bench required reconsideration by a smaller bench, and the impact of subsequent amendments to the law based on that judgment.
Ratio Decidendi: The ratio decidendi was that the judgment of a larger bench is binding on smaller benches and does not require reconsideration unless specifically referred for reconsideration.
Final Decision: The appeals were to be listed before the appropriate bench for further proceedings.
( 1 ). We have considered the order made in Civil Nos. 1720-21 of 1990. The judgment in Bangalore Water Supply and sewerage Board vs. A. Rajappa and Ors. 1978 2 SCC 213 was delivered almost two decades ago and the law has since been amended pursuant to that judgment though the date of enforcement of the amendment has not been notified.
( 2 ). The judgment delivered by seven learned 70 judges of this court in Bangalore Water Supply case does not, in our opinion, require any reconsideration on a reference being made by a two Judge bench of this court, which is bound by the judgment of the larger bench.
( 3 ). The appeals, shall, therefore, be listed before the appropriate bench for further proceedings.