NDLI: State of Punjab & Ors. Vs. Rafiq Masih (white Washer)

State of Punjab & Ors. Vs. Rafiq Masih (white Washer)

Content Provider: Supreme Court of India

Please Log-in to view this content

If you are not a registered user, please register first and then use the e-mail id and password to log-in.

Advisory jurisdiction

Arbitration petition

Civil miscellaneous petition

Contempt petition civil

Contempt petition criminal

Criminal appeal

Criminal miscellaneous petition

Curative petition Criminal

Curative petition civil

Death reference case

Disciplinary jurisdiction

Election petition civil

Habeas corpus petition

Miscellaneous application

Review petition civil

Review petition criminal

Special leave petition civil

Janatha Dal Party Vs. The Indian National Congress & Others

Sheela Jawarlal Nagori & Anr. Vs. Kantilal Nathmal Baldota & Ors.

Registrar General, High Court of Madras Vs. R. Gandhi & Ors.

Pooja Abhishek Goyal Vs. State of Gujarat & Ors.

Sidhartha Sarawgi Vs. Board of Trustees for The Port of Kolkataand Others

Satya Pal Anand Vs. State of M.p. & Anr.

State of Punjab & Ors. Vs. Rafiq Masih (white Washer)

Donesh Rajput & Ors. Vs. Pradeep Kumar Shukla & Ors.

Shri Krishan and Ors. Vs. Union of India and Ors.

Manoj I Naik &associates Vs. Official Liquidator

Raunaq Education Foundation Vs. State of Haryana & Ors.

Yusufbhai Noor Mohammed Jodhpurwala Vs. Mohmmed Sabir Ibrahim Byavarwala

Special leave petition criminal

Special reference case

Suo moto contempt petition civil

Suo moto contempt petition criminal

Suo moto transfer petition civil

Suo moto transfer petition criminal

Suo moto writ petition civil

Suo moto writ petition criminal

Tax reference case

Transfer petition civil

Transfer petition criminal

Transferred case civil

Transferred case criminal

Writ petition civil

Writ petition criminal

State of Punjab & Ors. Vs. Rafiq Masih (white Washer)

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	SERVICE LAW: Recovery of dues mistakenly paid to employee
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	SERVICE LAW: Recovery of dues mistakenly paid to employee - A C Division Bench of Supreme Court observing apparent difference of opinion in Shyam Babu Verma and Saheb Ram Verma, on the one hand, and Chandi Prasad Uniyal, on the other, referring the appeals to three Judge Bench - Held: The observations made in Shyam Babu Verma and Saheb Ram D Verma not to recover the excess amount paid to employee were in exercise of extra-ordinary powers under Art. 142 of the Constitution of India which vests the power in Supreme Court tg pass equitable orders in the ends of justice - Whereas, in Chandi Prasad Unival's case, a specific issue was raised and E canvassed and the Court after taking into consideration various decisions, laid down the law that even if by mistake of employer amount is paid to employee and on a later date if employer after proper determination of the same discovers that excess payment is made by mistake or negligence, the F excess payment so made could be recovered - Thus, the law laid down in Chandi Prasad Uniya/'s case, no way conflicts with the observations made in the other two cases -- The Court is, therefore, of the considered opinion that the reference was unnecessary and, as such, without answering the same, the G matters are sent back to the Division Bench for its appropriate disposal - Constitution of India, 1950 - Arts. 136 and 142.CONSTITUTION OF INOIA, 1950:Arts. 136 and 142 - Scope of the ·two provisions and difference between - Explained - Held: Distinctively, although A the words employed under Art. 136 and Art. 142 speak of the powers of Supreme Court, the former vests a plenary jurisdiction in Supreme Court in the mater of entertaining and hearing of appeals by granting special leave against any judgment or order made by a court or tribunal in any cause B or matter - The powers under Art. 136 are plenary to the extent that they are paramount to the limitations under the specific provisions for appeal contained in the Constitution or other laws - It is a corrective jurisdiction that vests a discretion in Supreme Court to settle the law clear -- It makes the law c operational to make it a binding precedent for the future instead of keeping it vague -- Thus, it declares the law, as under Article 141 of the Constitution -- Art. 142, on the other hand, is the exercise of jurisdiction to pass such enforceable decree or order as is necessary for doing 'complete justice' 0 in any cause or matter - Art. 142 is supplementary in nature and cannot supplant the substantive provisions -- The directions issued under Art. 142 do not constitute a binding precedent unlike Art. 141 - Service law.
Judge	N/A
Neutral Citation	2014 INSC 479
Petitioner	State Of Punjab & Ors.
Respondent	Rafiq Masih (white Washer)
SCR	[2014] 8 S.C.R. 228
Judgement Date	2014-07-08
Case Number	11684

Central Library (ISO-9001:2015 Certified)
Indian Institute of Technology Kharagpur
Kharagpur, West Bengal, India | PIN - 721302

See location in the Map
03222 282435
Mail: support@ndl.gov.in

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in