Case Note & Summary
The dispute arose when employees of the State Bank of India filed a writ petition in the High Court challenging the management's authority to determine work hours and recess periods. The Single Judge of the High Court allowed the petition, referencing earlier Division Bench decisions, and issued a certificate under Article 134A of the Constitution for appeal to the Supreme Court. The Supreme Court examined the validity of this certificate, emphasizing that Article 134A is not an independent provision but ancillary to Articles 132, 133, and 134. The Court noted that the case did not meet the criteria for a certificate under Article 132 or 134, as it did not involve a substantial question of law or a criminal proceeding. The Court clarified that the Single Judge could not issue a certificate based on a prior Division Bench's decision, as the restrictions of Article 133(3) applied. Consequently, the Supreme Court revoked the certificate and directed that the appeal be treated as a Special Leave Petition under Article 136 for preliminary hearing.
Headnote
A) Constitutional Law - Certificate Issuance - Conditions for Issuing Certificate under Article 134A - Constitution of India, 1950, Article 134A - The Supreme Court held that a certificate under Article 134A can only be issued if the conditions in Articles 132, 133, or 134 are satisfied, and it does not constitute an independent provision. The case did not involve a substantial question of law or a criminal proceeding, thus the certificate was revoked. (Paras 155E-156H).
Issue of Consideration
Whether a Single Judge of the High Court can issue a certificate under Article 134A based on a prior Division Bench's certificate.
Final Decision
The Supreme Court revoked the certificate issued by the Single Judge under Article 134A, clarifying that it could not be issued as the case did not meet the necessary conditions outlined in Articles 132, 133, and 134. The appeal was directed to be treated as a Special Leave Petition under Article 136 for preliminary hearing.
Law Points
- Constitutional law
- Article 134A
- certificate issuance
- High Court powers
- appeal conditions
Case Details
1987 LawText (SC) (10) 35
Civil Appeal No. 1713 of 1987
Venkatramiah, E.S., Singh, K.N.
1987 AIR 2203, 1988 SCR (1) 153, 1987 SCC (4) 370, JT 1987 (3) 579, 1987 SCALE (2) 575
F. D. Damania, Atul Tewari, Ms. Bina Gupta
State Bank of India & Anr.
S.B.I Employees Union & Anr.
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Nature of Litigation
Writ petition challenging management's authority regarding work hours and recess.
Remedy Sought
Employees sought to question management's rights and obtain consequential reliefs.
Filing Reason
Management's authority to fix work hours and recess was contested.
Previous Decisions
Earlier decisions by Division Benches of the High Court were referenced.
Issues
Validity of certificate issued under Article 134A
Authority of Single Judge to issue certificate based on prior Division Bench decision
Submissions/Arguments
The Single Judge's issuance of the certificate was based on prior Division Bench decisions.
The appeal should be treated under Article 136 as the conditions for Article 134A were not met.
Ratio Decidendi
The Supreme Court established that a certificate under Article 134A is not independent and can only be issued if the conditions of Articles 132, 133, or 134 are satisfied, emphasizing the limitations imposed by Article 133(3).
Judgment Excerpts
The certificate contemplated under Article 134A of the Constitution can only be a certificate which is referred to in clause (1) of Article 132 or in clause (1) of Article 133 or in sub-clause (c) of clause (1) of Article 134 of the Constitution.
The fact that in a similar case a certificate had been issued by a Division Bench of the High Court did not empower the Single Judge to issue the certificate under Article 133(1) in a case decided by him.
Procedural History
The employees filed a writ petition in the High Court, which was allowed by a Single Judge who issued a certificate under Article 134A. The Supreme Court subsequently reviewed the issuance of this certificate.
Acts & Sections
- Constitution of India: Article 134A, Article 132, Article 133, Article 134
- Constitution of India: Article 134A, Article 132, Article 133
