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Supreme Court of India

BHARAT PETROLEUM CORPORATION LTD. versus MUMBAI SHRAMIK SANGHA AND ORS .

Decided
25 April 2001
Judges listed
S.P. BHARUCHA, V.N. KHARE, N. SANTOSH HEGDE, Y.K. SABHARWAL, SHIVARAJ V. PATIL (as the open data lists them; this may not name the whole bench)
Disposal
Hearing Adjourned

Citations

Official
[2001] 3 S.C.R. 208 · 2001 INSC 224
Also cited as
  • (2001) 4 SCC 448 (17 citing judgments)

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Cited by

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The Court's text

Paragraphs from our copy of the Supreme Court Reports print, with the Court's own paragraph numbers, the printed page and, where printed, the margin letter. The Court did not number this judgment's paragraphs, so they are listed by page. Link to paragraph N with #para-N.

Unnumbered paragraph

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.

p. 208, margin F

Unnumbered paragraph

We are of the view that a decision of a Constitution Bench of this Court

p. 208, margin G

Unnumbered paragraph

BHARAT PETROLEUM CORPN. LTD. MUMBAI SHRAMIK SANGHA 209 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.

p. 209

Unnumbered paragraph

Accordingly, this matter shall now be heard and decided by a Bench of two learned judges. T.N.A. Matter is still pending.

p. 209, margin A