Can Larger Bench Include Referral Bench?
WHEN both the Members of a Bench of the Tribunal feel that the issue needs to be decided by a Larger Bench, due to conflicting decisions of two benches, a Larger bench is constituted. Can the Larger Bench constitute the referral bench also? That is can the Larger Bench include the Members who referred the case the Larger Bench? There seems to be no bar! If two Members have already come to a conclusion, what is the purpose of constituting a Larger Bench? I asked a President whether it was fair to include in the Larger Bench, two Members who referred the case to the Larger Bench? He said there was nothing wrong with it. It seems in one of our High Courts, it is mandatory for the referring judge to be included in the Larger Bench.