(1.) In our opinion, it is not correct for the tribunal to have stated that they are not prepared to accept the judgment of the orissa High court in Kunja Behari Rath v. State of orissa. We make it clear that the tribunal in this case is nonetheless a tribunal and it is bound by the decision of the High court of the State. It is incorrect to side-track or bypass the decision of the High court.
(2.) However, on the merits of the matter, we do not think that there is any case for interference. The order of the tribunal appears to be just. We accordingly dismiss the special leave petition. court Masters