VISHNU GANAPATHI NAIK Vs. MANAGEMENT OF NWKRTC

JUDGEMENT

(1.) THE workman being aggrieved by the award passed by the Industrial Tribunal, Hubli, in k. I. D. No. 403/2003 dated 13. 7. 2004 had filed a petition in W. P. No. 48999/2004 before this Court under Articles 226 and 227 of the Constitution of India. The Learned Single Judge by his order dated 27. 7. 2005, has rejected the writ petition and has confined the award passed by the industrial Tribunal, Hubli. It is the correctness or otherwise of the said order is questioned by the workman in this appeal.

(2.) THE matter is posted before the Court for preliminary hearing. After hearing the Learned counsel for the appellant, we are of the view that the appeal is not maintainable in view of the law declared by a Full Bench of this Court in the case of Gurushanth Pattedar Vs Mahaboob shahi Kulburga Mills and Another (ILR 2005 KAR 2503 ). In the said decision, the Court at paragraph 4 has observed as under:

(3.) THE Full Bench of the Andhra Pradesh High Court in the case of Commissioner of Income tax Vs B. R. Constructions (202 ITR 222) has observed that "a High Court is bound to follow the decision of the same High Court. Judicial decorum and certainty of law require a Single Judge to follow the decision of another Single Judge and of a Larger Bench and even if for reasons to be stated, a different view was necessitated, the matter should be only referred to the Chief justice for referring the question to a Larger Bench. " the Madras High Court in the case of Super Spinning Mills Ltd. vs Commissioner of Income tax (199 ITR 832) has observed that "the binding effect of a decision does not depend upon whether a particular argument was considered therein or not, provided the point with reference to which an argument was subsequently advanced was actually decided. " the Supreme Court in the case of Sundarjas Kanyalal Bhatija and Others Vs Collector, Thane, maharashtra and Others (183 ITR 130) has made some pertinent observation and the same cannot be placed better than quoting verbatim what was stated therein: