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TMI Blog2019 (7) TMI 1947X X X X Extracts X X X X X X X X Extracts X X X X ..... be entitled for the minimum pay scale without any increment w.e.f. 1.7.1988. Petition disposed off. - WP No.3257/2017 - - - Dated:- 30-7-2019 - G.S. Ahluwalia, J. Shri P.S. Raghuvanshi, Government Advocate for the petitioners/State. Ms. Smrati Sharma, Counsel for the respondent. ORDER Heard on I.A.No.757/2019. This is an application for bringing the legal representative of the respondent Maharaj Singh on record as he had expired on 16.11.2018. Since the application has been filed by the legal representative of the deceased respondent, therefore, the same is allowed. With the permission of this Court, the necessary amendment is carried out by the counsel for the petitioners in the Court itself. Heard finally. This petition under Article 226/227 of the Constitution of India has been filed challenging the order dated 5.11.2016 passed by Labour Court No.1, Gwalior in Case No.COC/70/F/ID Act/2016 by which it has been directed that as the respondent was classified w.e.f. 1.7.1988, therefore, he is entitled for receiving the benefits of regular pay scale and other consequential benefits and, accordingly, it has been directed that the petitioner shall pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the law declared by the Court applies to the cases arising in future only and its applicability to the cases which have attained finality is saved because the repeal would otherwise work hardship on those who had trusted to its existence. Invocation of the doctrine of prospective overruling is left to the discretion of the Court to mould with the justice of the cause or the matter before the Court. This Court while deciding Gian Devi Anand case did not hold that the law declared by it would be prospective in operation. It was not for the High Court to say that the law laid down by this Court in Gian Devi Anand case would be prospective in operation. If this is to be accepted then conflicting rules can supposedly be laid down by different High Courts regarding the applicability of the law laid down by this Court in Gian Devi Anand case or any other case. Such a situation cannot be permitted to arise. In the absence of any direction by this Court that the rule laid down by this Court would be prospective in operation, the finding recorded by the High Court that the rule laid down in Gian Devi Anand case by this Court would be applicable to the cases arising from the date of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich case there are no judgments at all and the subsequent judgment rendered on review petitions is the one and only judgment rendered, effectively and for all purposes, the earlier decision having been erased by countenancing the review applications. The impugned judgments of the High Court are, therefore, set aside. The Supreme Court in the case of K. Madhava Reddy and Others Vs. State of Andhra Pradesh and Others reported in (2014) 6 SCC 537 has held as under:- 10. We have heard the learned counsel for the parties at length. The doctrine of prospective overruling has its origin in American jurisprudence. It was first invoked in this country in Golak Nath v. State of Punjab, with this Court proceeding rather cautiously in applying the doctrine, was conscious of the fact that the doctrine had its origin in another country and had been invoked in different circumstances. The Court sounded a note of caution in the application of the doctrine to the Indian conditions as is evident from the following passage appearing in Golak Nath case wherein this Court laid down the parameters within which the power could be exercised. This Court said: (AIR p. 1669, para 51) 51. As this Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13. In Ashok Kumar Gupta v. State of U.P., a three- Judge Bench of this Court held that although Golak Nath case regarding unamendability of fundamental rights under Article 368 of the Constitution had been overruled in Kesavananda Bharati v. State of Kerala yet the doctrine of prospective overruling was upheld and followed in several later decisions. This Court further held that the Constitution does not expressly or by necessary implication provide against the doctrine of prospective overruling. As a matter of fact Articles 32(4) and 142 are designed with words of width to enable the Supreme Court to declare the law and to give such directions or pass such orders as are necessary to do complete justice. This Court observed: (Ashok Kumar Gupta case, SCC pp. 246- 47, para 54) 54. ... So, there is no acceptable reason as to why the Court in dealing with the law in supersession of the law declared by it earlier could not restrict the operation of law, as declared, to the future and save the transactions, whether statutory or otherwise, that were effected on the basis of the earlier law. This Court is, therefore, not impotent to adjust the competing rights of parties by prospective o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder as is necessary for doing complete justice in any case or matter pending before this Court. This Court observed: (SCC p. 532, para 27) 27. In the ultimate analysis, prospective overruling, despite the terminology, is only a recognition of the principle that the court moulds the reliefs claimed to meet the justice of the case -- justice not in its logical but in its equitable sense. As far as this country is concerned, the power has been expressly conferred by Article 142 of the Constitution which allows this Court to 'pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it'. In exercise of this power, this Court has often denied the relief claimed despite holding in the claimants' favour in order to do 'complete justice'. 16. The doctrine of prospective overruling was, observed by this Court as a rule of judicial craftsmanship laced with pragmatism and judicial statesmanship as a useful tool to bring about smooth transition of the operation of law without unduly affecting the rights of the people who acted upon the law that operated prior to the date of the judgment overruling the previo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of this Court enunciating a principle of law is applicable to all cases irrespective of its stage of pendency because it is assumed that what is enunciated by the Supreme Court is, in fact, the law from inception. The doctrine of prospective overruling which is a feature of American jurisprudence is an exception to the normal principle of law, was imported and applied for the first time in Golak Nath v. State of Punjab. In ECIL v. B. Karunakar the view was adopted. Prospective overruling is a part of the principles of constitutional canon of interpretation and can be resorted to by this Court while superseding the law declared by it earlier. It is a device innovated to avoid reopening of settled issues, to prevent multiplicity of proceedings, and to avoid uncertainty and avoidable litigation. In other words, actions taken contrary to the law declared prior to the date of declaration are validated in larger public interest. The law as declared applies to future cases. (See Ashok Kumar Gupta v. State of U.P. and Baburam v. C.C. Jacob.) It is for this Court to indicate as to whether the decision in question will operate prospectively. In other words, there shall be no prospectiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Courts, then it has to be held that the said question of law was in existence right from day one. However, where the rights of a party has been considered and declared, then the said proceedings cannot be reopened on the ground that the judgment on the basis of which, the rights were declared, has been overruled. The Supreme Court in the case of Union of India Vs. Madras Telephone SC ST Social Welfare Assn. reported in (2006) 8 SCC 662 has held as under : 21. Having regard to the above observations and clarification we have no doubt that such of the applicants whose claim to seniority and consequent promotion on the basis of the principles laid down in the Allahabad High Court's judgment in Parmanand Lal case have been upheld or recognised by the Court or the Tribunal by judgment and order which have attained finality will not be adversely affected by the contrary view now taken in the judgment in Madras Telephones. Since the rights of such applicants were determined in a duly constituted proceeding, which determination has attained finality, a subsequent judgment of a court or tribunal taking a contrary view will not adversely affect the applicants in whose cases the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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