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Labour Retirement Benefits

(Querist) 20 September 2009 This query is : Resolved 
A judgement is passed in favour of the employer in a case filed by an employee against the employer in Division Bench. On appeal by the employee , single judge in High Court has given judgement in favour of the employee . But on appeal by the employer, bench having 2 high court judges, passed judgement in favour of the employer giving reason that the single judge either not taken into view the earlier judgement passed by the division bench or not referred the case for larger bench in case of disagreement with the judgement by dn bench. Whether this is correct ? Pl give yr views.riven
Raj Kumar Makkad (Expert) 20 September 2009
Nothing is wrong in the DB judgment. After all DB is larger bench and earlier decision, if violated, has also been referred therein hence it is fully legal and correct.riven
Murali Krishna (Expert) 20 September 2009
It is called judicial discipline. A judgement rendered by a division bench is binding on a single member and also a division bench. It is also called as precedent. However, if the judge/judges differ with he view of earlier decision of division bench, he/they have to urge chief justice for referring the matter to larger bench.riven
Suresh C Mishra (Expert) 20 September 2009
for making very clear the facts needed in this matter very clearly and the questions appears to be confusing.


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