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Judgment
The question that arises pursuant to the order of reference dated 11/11/1997 is whether the order of dismissal of a workman, which is upheld by the Industrial Tribunal on the leading of additional evidence, relates back to the date of its passing or operates from the date on which it is upheld by the Tribunal.
The order of reference was made to a Constitution Bench by a Bench of two learned Judges for the reason that they found some difficulty in coming to a conclusion as to whether an earlier Constitution Bench judgment and judgments of Benches of three learned Judges resolved this question. In our view, a Bench of two learned Judges cannot make a reference directly to a Constitution Bench; this has been laid down in the judgment in Pradip Chandra Parija and Ors. v. Pramod Chandra Patnaik and Ors., 2002 (1) SCC 1. It is, therefore, that this Constitution Bench will not decide the reference.
The appeals are sent back to be listed before a Bench of two learned Judges. If that Bench of two learned Judges still faces some difficulty, it will make an order of reference to a Bench of three learned Judges.