GUJARAT MARITIME BOARD Vs. ASHOKKUMAR IJJATRAI ANJARIYA

JUDGEMENT

(1.) The present LPA is filed by the Gujarat Maritime Board and others being aggrieved by judgment and order dated 3.12.2001 passed by this Court in SCA No.1375 of 1988.

(2.) The learned advocate for the appellants vehemently submitted that the Court ought not have taken upon itself the task of ordering regularization of service of the opponent/original petitioner on the post of Clerk -cum -Typist more particularly with effect from 11.3.1997 because there is subsisting policy of giving benefits of regularisation, followed by the Board. The learned advocate for the appellants vehemently submitted that this order causes injustice to ten other employees who, according to the learned advocate for the appellants, are similarly situated.

(3.) The learned advocate for the appellants vehemently submitted that the order passed by this Court is not in consonance with the principles laid down by the Honourable the Apex Court in Secretary, State of Karnataka and others v. Umadevi (3) and others (2006) 4 SCC 1. The impugned judgment and order is dated 3.12.2001, therefore the judgment of the Honourable the Apex Court delivered on 10.4.2006 was not available for consideration while delivering the judgment and order under challenge. It is a well settled law that a ruling of the Honourable the Apex Court is prospective in nature unless it is otherwise provided. A Division Bench cannot say that the judgment and order is liable to be set aside on the ground that it is not in consonance with the law pronounced by the Honourable the Apex Court which is of a subsequent date.