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2012 Supreme(Mad) 3867

Elipe Dharma Rao, D.Murugesan, M.Venugopal
E. Gopal – Appellant
Versus
Arulmigu Dhandayuthapaniswamy Temple, Palani – Respondent


Advocates Appeared:
Silambanan, Senior Counsel for N. Umapathy, Advocate for Appellant in W.A. No. 3825/2003; G. Thilakavathi, Advocate for Appellant in W.A. Nos. 993 & 994/2003 and P. Gopalan, Advocate for Appellant in W.A. No. 2040/2004 and W.P. No. 15497/2002.
A. Navaneetha Krishnan, Advocate General assisted by S. Kandasamy, Special Government Pleader (HR & CE) for Respondent-State; Venkatachalapathy, Senior Counsel for M. Sriram, Advocate for Respondent No. 1 in W.A. Nos. 993 & 994/03; P. Gopalan, Advocate for Respondent No. 2 in W.A. Nos. 993 & 994/2003.

JUDGMENT

Elipe Dharma Rao, J.

Learned Division Bench has raised some doubt regarding the applicability of the ratio of a Division Bench decision of the Madras High Court in Tiruchendur Arulmigu Subramaniasamy Kovil Oivupetra Paniyalargal Sangam v. Executive Officer, Arulmigu Subramaniasamy Devasthanam, Tiruchendur, W.A. No. 2626 of 2002, dated 2.9.2008, in the light of the law laid down by the Honourable Supreme Court in State of Punjab v. Labour Court, Jullundur, 1980 (1) SCC 4 : 1981 (1) LLJ 354, which was followed by the earlier Division Bench in The Management of the SIET Women's College v. Mohamed Ibrahim, 1992 WLR 155, and referred the matter to a Larger Bench by observing as follows:

“20. The decision in W.A. No. 2626 of 2002 (supra) may have to be reconsidered afresh with regard to the construction of Section 1(3)(b) of the Act in the light of the law laid down in 1981 (1) LLJ 354 (supra) which has been followed by the earlier Division Bench in 1992 WLR 155 (supra). We are of the opinion that the matter should be heard and decided by a Larger Bench. Thereafter, the present Full Bench has been constituted by the Honourable the Chief Justice.”

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