JUDGMENT

Santosh Hegde, J.—(On his own behalf and also on behalf of S.P. Bharucha, J.)

This appeal is referred to a Bench of Five Judges based on the following order made by a Bench of two Judges of this Court.

“In view of the conflict of decisions of this Court in Shambhu Nath Goyal v. Bank of Baroda & Others, (1984(1) SCR 85) and Rajendra Jha v. Labour Court, (1985(1) SCR 544), we are referring this matter to a larger Bench which has to be a Bench of more than three Judges. Mr. Rao, learned counsel appearing for the respondents, states that there is no conflict in the decisions. According to us, that submission is not correct. Hence, we are referring this to a larger Bench.”

2. It is seen from the above order that the learned counsel appearing for the respondents had contended that there is no conflict between the two judgments referred to in the said order. However, the Bench thought otherwise. Since it is again contended now before us on behalf of the respondents that there is no conflict between the said judgments, we will first examine that aspect of the case.

3. In Shambu Nath Goyal v. Bank of Baroda & Others1 this Court held :

“The rights which the employer has in law to add