Extent and Scope of Applicability of Uma Devi Judgment (AIR 2006 SC 1806)
By
Bhoopendra Nath Singh
Published In
(Lab Ic 2008)
Since the judgments of the apex Court is binding precedent and on the basis of Constitutional Bench Judgments, in Secretary, State of Karnataka v. Uma Devi (AIR 2006 SC 1806), the High Court, Tribunals, Labour Courts, are passing Judgement/Award against the poor masses who are not in position to afford the cost of heavy expensive litigation, are being denied justice from all level due to uncertainty in law on the subject.
This uncertainty in law has tempted the employers, Govt. or semi Govt. to approach High Court against each and every Award or order passed by Labour Court or Tribunals as such it is necessary to examine what is the ratio of Judgment in Uma Devi case and to what extent, it is applicable and governing the field.
It appears that the bar is also in declining position, not well read and not aware of correct proposition of law, and is not in position to place binding precedents, holding field as such the Hon’ble Judges, are perhaps necessary to comm ....