(Rohinton Fali Nariman, Navin Sinha and K.M. Joseph, JJ.)
Petition(s) for Special Leave to Appeal (C) No(s). 12670/2020, decided on January 11, 2021
Union of India __________________________________ Petitioner;
v.
Tantia Constructions Limited _____________________ Respondent.
(For Admission and I.R. and IA No. 108662/2020-Exemption From Filing C/C of the Impugned Judgment)
Petition(s) for Special Leave to Appeal (C) No(s). 12670/2020; AP No. 732/2018; and IA No. 108662/2020
The Order of the court was delivered by
Order
1. Having heard Mr. K.M. Nataraj, learned ASG for sometime, it is clear that on the facts of this case, the judgment of the High Court cannot be faulted with. Accordingly, the Special Leave Petition is dismissed. However, reliance has been placed upon a recent three-Judge Bench decision of this Court delivered on 17.12.2019 in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV) A Joint Venture Company, 2019 SCC OnLine 1635. We have perused the aforesaid judgment and prima facie disagree with it for the basic reason that once the appointing authority itself is incapacitated from referring the matter to arbitration, it does not then follow that notwithstanding this yet appointments may be valid depending on the facts of the case.
2. We therefore request the Hon’ble Chief Justice to constitute a larger Bench to look into the correctness of this judgment.
3. Pending application stands disposed of.
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