45. The checks and balances always to be kept in mind for the healthy functioning of the public institutions. Judicial verdict cannot be defeated especially by an express Retrospective Legislative Device on the simple ground that if such judicial verdict to be honoured, the public exchequer would be over-burdened financially.

46. Whether the presumption in favour of the constitutionality of a statute can be stretched to such an extent of giving judicial approval to the present Legislative action thought of so as to annul the judicial verdict in Retrospective, in the considered opinion of this Court the Retrospectivity cannot be given the judicial approval in the light of the clear Legal position in this regard. On this ground alone, as to the operation specified in the Ordinance and the Act aforesaid cannot be justified.

47. “Legislative Activism” invoked so as to annul the available, accrued, vested rights by virtue of a Judgment, with Retrospectivity, that too, normally be not to be approved. “Legislative wisdom” to be well vigilant while resorting to Legislation, not to encroach upon the arena of the “Judicial Wing”. The clear “Defined Limitations” of the “Three Wings” to be obs

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