IMPORTANT POINT
An order passed by Supreme Court on merits cannot be subject to writ jurisdiction of Supreme Court.

JUDGMENT

Shivaraj V. Patil. J.-In this writ petition filed under Article 32 of the Constitution of India, the Petitioner has sought for setting aside the judgment and order dated 14.2.2000 passed by this Court in C.A. No. 1041 of 2000 (Secretary, Indian Tea Association v. Ajit Kumar Barat & Ors.)1

2. The facts to the extent relevant to dispose of this petition briefly stated are the following:-

The petitioner was appointed as Assistant Secretary by the respondent No. 1 on 16.9.1986; was promoted to the post of Joint Secretary on 1.4.1991; was transferred on 22.5.1995 to Dibrugarh, which order of transfer was also the subject-matter of another litigation with which we are not concerned in this petition. His services were terminated with effect from 27.11.1995. An industrial dispute was raised by the petitioner. Labour Commissioner submitted the failure report in conciliation proceedings on 2.7.1997 recommending a reference, as according to him the question whether the petitioner was a workman required adjudication. Since the Government did not act, the petitioner filed writ petition in the High Court of Calcutta.  The High Court directed the State Government to take decision under Section 12(5) of the Industrial Disputes Act, 1947 within the time fixed. The Government communicated its decision regretting its inability to make a reference saying that the petitioner was not a workman. Again, the petitioner moved the High Court against the said order of the State Government. Learned single Judge of the High Court made an order directing the State Government to make a reference as to whether the petitioner was a workman. The appeal filed by the respondents herein was dismissed by the Division Bench of the High Court. The respondent No. 1 herein brought the matter to this Court. This Court, by an elaborate order dated 14.2.2000, noticing the facts, contentions of the parties and the decisions allowed the Civil Appeal No. 1041 of 2000 and set aside the judgment of the High Court directing the State Government to make an appropriate reference.

3. The petitioner filed Review Petition No. 550 of 2000 in the said civil appeal No. 1041 of 2000, which was dismissed by this Court on 26.7.2000. Now the petitioner has filed the present writ petition seeking the relief as stated above.

4. We heard the petitioner (party in person) at length. In response to our query as to how the writ petition is maintainable so as to question the validity and correctness of the order of this Court passed on 14.2.2000 and to set aside the same in a petition filed under Article 32 of the Constitution, he submitted that his Fundamental Rights under Article 21 of the Constitution are affected because of the decision of this Court passed in the aforesaid appeal, ignoring the binding precedents of larger benches of this Court; this Court has not considered the submissions and decisions cited by him before passing the order in the said appeal. He invited our attention to the judgment of this Court in A.R. Antulay v. R.S. Nayak and another2. He read to us paras 38, 61 and 62 of the said judgment. Para 38 deals with a decree passed without jurisdiction and states that such a decree is a nullity, the validity of which could be set up whenever and wherever it is sought to be enforced or relied upon even at the stage of execution and even in collateral proceedings. What is stated in para 38 has no relevance on the question as to the maintainability of writ petition under Article 32 of the Constitution so as to challenge the order passed by this Court on merits. In para 61 it is noticed that directions were given without hearing the appellant and in the circumstances that order was bad. Further in para 62 reference is made to Nawabkhan s case3 wherein it was held that an order passed without hearing a party, which affects its Fundamental Rights, is void. The petitioner s case is not such where an order was passed without hearing him.