SUPREME COURT OF INDIA
MADRAS TELEPHONE S/c AND S/t SOCIAL WELFARE ASSN.
Versus
ANIL KUMAR
Decided on November 16, 1999
INTERVENTIONS - CONTEMPT PETITION - The court allowed applications for interventions and decided to refer the conflicting judgments to a bench of three judges.
Fact of the Case:
The contempt petition was filed contending that the directions given in a previous judgment had not been implemented by the Government of India. Another group of officers contended that the previous judgment was rendered without noticing four other judgments that took a contrary view.
Finding of the Court:
The court found conflicting judgments and decided to refer the matters to a bench of three judges.
Issues: Conflicting judgments, applications for interventions, need for a bench of three judges.
Ratio Decidendi: The court decided that the conflicting judgments required consideration by a bench of three judges.
Final Decision: The court allowed applications for interventions and referred the conflicting judgments to a bench of three judges.
( 1 ) APPLICATIONS for interventions are allowed.
( 2 ) CONTEMPT Petition (C) No. 121 of 1999 is filed contending that the directions given in Union of India v. Madras Telephones SC and ST Social Welfare Assn. dated 13-2-1997 have not been implemented by the Government of India.
( 3 ) IT is, however, the contention of another group of officers that the abovesaid judgment whose implementation is being sought in the contempt case was rendered by a two-Judge Bench of this Court without noticing the four other judgments of this Court, which accepted the judgment of the Allahabad High Court dated 20-2-1985 and which took a view contrary to the judgment of this Court dated 13-2-1997. These are (1) Union of India v. P. N. Lal dated 8-4-1996 rendered by a two-Judge Bench accepting as correct "on merits" ajudgment of the Allahabad High Court in P. N. Lal v. Union of India in WPs (C) Nos. 2739 of 1992 and 3652 of 1981 dated 20-2-1985; (2) judgment in Union of India v. Daljit Kumar , dated 6-1-1992, rendered by a Bench consisting of two Honble Judges in an appeal against a judgment of the Central Administrative Tribunal, Delhi, which followed the judgment of the Allahabad High Court; (3) judgment dated 18-9-1992 in Junior Telecom Officers Forum v. Union of India and (4) judgment dated 13-5-1994 in Telecommunication Engg. Service Assn. (India) v. Union of India. In all these four judgments dated 8-4-1996, 6-1-1992, 18-9-1992 and 13-5-1994 mentioned above, four different Benches consisting of two learned Judges each, accepted the view of the Allahabad High Court above-mentioned. Thus there are two contradictory views of this Court.
( 4 ) WE have before us, apart from the contempt case, applications filed in Civil Appeal No. 4339 of 1995 by intervenors praying for recalling the order of this Court dated 13-2-1997. They contend that they were not parties to the said civil appeal and that the aforesaid four earlier judgments were not brought to the notice of the Court which decided Civil Appeal No. 4339 of 1995 on 13-2-1997.
( 5 ) REFERENCE has been made for the Union of India also to two other orders of this Court in Special Leave Petition (C) No. . . . CCs Nos. 5391-92 of 1996 dated 23-10-1996 and in Special Leave Petition (C) No. . . . CC No. 879 of 1999 dated 22-2-1999.
( 6 ) IN view of these conflicting judgments, we are of the view that it would be necessary that the matters are placed before a Bench of three Honble Judges.
( 7 ) THE papers may, therefore, be placed before Honble, the Chief Justice of India for appropriate orders. Court Masters
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