(1.) Two Writ Petitions raising a common question have been referred to the Full Bench for decision. A learned Judge of this Court (Thottathil Radhakrishnan, J.) while considering W.P. (C) 4828/05 felt the need for the resolution of the apparent conflict between two Bench decisions on the point. Accordingly, the matter came up before the Division Bench. Learned Judges of the Division Bench ordered the cases to be referred for determination by the Full Bench. Reference order passed by the learned single Judge brings to focus the point for consideration succinctly and the same may be usefully extracted below:
(2.) By the decision of the Apex Court in Mithilesh Garg v. Union of India AIR 1992 SC 443 their Lordships surveyed the 1988 Act in contradistinction with the relevant provisions of the 1939 Act and spoke on the legislative policy behind the changes made. It was noticed that a healthy competition in private sector was also one of the concepts that had weighed with the legislation of the new Act.
(3.) Following the decision in Mithilesh Garg 's case (supra) in C.T.R.B.T. Co-op. Society v. Mathew Job 1992 (1) KLT 297, a Division Bench of this court, after adverting to different earlier decisions of this court, found that the decision in Kunhikrishnan Nair v. R.T.O 1991 (2) KLT 266 was no more good law, in view of the ratio in Mithilesh Garg's case.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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