Mr. S. Lodh vs Mr. D. Sharma
2023 Latest Caselaw 210 Tri

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                      HIGH COURT OF TRIPURA
                        _A_G_A_R_T_A_L_A_
                          WP(C) No.1031 of 2022
For Petitioner(s)         :      Mr. S. Lodh, Advocate.
For Respondent(s)         :      Mr. D. Sharma, Addl. G.A.

             HON'BLE THE CHIEF JUSTICE (ACTING)
                                  ORDER

14.03.2023

Admit.

List this matter for hearing.

During the course of argument, counsel appearing for the

petitioner has placed Division Bench judgment dated 22.11.2018 passed by

this Court in WA No.45 of 2014 stating that the subject matter involved is

squarely covered by the order of the Division Bench dealing with die-in-

harness/compassionate appointment issue. Per contra counsel appearing

for the respondents placed before this Court a Division Bench judgment

dated 07.01.2020 in WP(C) No.03 of 2019 and earlier case WA No.45 of

2014 in subsequent judgment the Division Bench has taken up a view

deferring the Division Bench judgment passed earlier.

Mr. S. Lodh, learned counsel appearing for the petitioner

relying upon the judgment in case of Sant Lal Gupta and others versus

Modern Cooperative Group Housing Society Limited and others reported

in (2010) 13 SCC 336 submitted that when there are conflicting opinions

between the coordinating bench not following the earlier judgment, the

Division Bench in WP(C) No.03 of 2019 ought to have referred the matter

to a larger Bench. Considering the submission made by the learned counsel

for the petitioner, this Court feels that there is force in the argument and

this matter needs adjudication by a larger Bench. Accordingly, Registry is

directed to list this matter before the Full Bench.

CHIEF JUSTICE (ACTING)

Dipesh