Judgment

SABYASACHI MUKHARJI, J. (Agreeing with Ranganathan, J.) : - I had the advantage or reading in-draft the judgment proposed to be delivered by my learned brother Ranganathan, J. It is, however, necessary to add a few sentences. I was reluctant to take up this matter as it arises out of a decision of the Division Bench of the High Court of Calcutta. That decision was occasioned by a reference made by the Chief Justice of that High Court on a reference made by me to the Chief Justice sitting singly in that Court. In the High Court I had not expressed any view on the contentions urged. In those circumstances both the parties requested me to take up the matter. It was in those circumstances that I became a party to this judgment. I agree with my learned brother that the appeal should be dismissed and the order he proposes to make as to costs.

2. It is not necessary in view of the facts and circumstances of the case to refer in detail to the reasons. I would, however, make it clear that I prefer the view of the Division Bench of the Madhya Pradesh High Court in the case of L. S. Nair v. Hindustan Steel Ltd. Bhilai, AIR 1980 Madh Pra 106. I would prefer this view to that of the lear