TMI Blog2017 (1) TMI 1756X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, minimum time scale of pay, the authorities competent to impose punishment etc., Bare reading of Rule 149, as it stood in 1988, in our view, does not indicate that the government have conferred any right on the society, to fix time scale of pay to any post, classified in Rule 149. From 1995 onwards, every society was mandated to frame, special bye-laws, with the prior approval of the Registrar of the Co-operative society. Subsequently, Rule 149(1) has been amended by G.O.(Ms). No. 373, Cooperation, Food and Consumer Protection (CJ1) Department, dated 29.10.2002, by which the expression in Rule 149(1) with the prior approval of the Registrar , has been substituted with the expression with the prior approval of the Government - Thereafter, Rule 149(1) of the Tamilnadu Co-operative Societies Rules, 1988, underwent another amendment in G.O.(Ms). No. 251, Co-operation, Food and Consumer Protection (CJ1) Department dated 07.08.2007, restoring the original position that the expression with the prior approval of the Government , would be substituted, with the prior approval of the Registrar . Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya San ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yed for a direction to respondents therein, to allow the salary and other allowances including terminal benefits in terms of the concluded settlement under Section 12(3) of the Industrial Disputes Act 1947. 2. W.P. No. 8826 of 2008 has been filed by K. Selvaraj two others for a similar prayer, to quash the said Government Order and the consequential order dated 03.03.2008 of the Special Officer, Harur Co-operative Primary Agricultural Rural Development Bank Ltd., Harur, Dharmapuri District, 3rd respondent therein, in so far as the petitioners are concerned. The petitioners have also sought for a direction to the respondents therein, to allow the salary and other allowances including terminal benefits, in terms of the concluded settlement under Section 18(1) of the Industrial Disputes Act 1947. 3. W.A. No. 1330 of 2012, is against the order made in W.P. No. 23496 of 2008, dated 17.04.2012, filed by Mr. B. Janakiraman and two others, for a Writ of Certiorarified Mandamus, to quash G.O. Ms. No. 186, Co-operation Food Consumer Protection Department, dated 16.08.2000 and the consequential proceedings, passed by the Registrar of Co-operative Societies, Chennai, the 2nd respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erence to the viability of the concerned co-operative societies thought it fit to incorporate the provision in the Rules by introducing Rule 149. 9. From the aforesaid judgment, it would be evident that the State Government, in order to restrain the individual Society entering into such wage settlements without reference to the viability of the concerned cooperative societies, introduced and incorporated Rule 149 of the Rules. 10. Under Rule 149, every Society have been mandated to frame bye-laws covering the service conditions, including the scale of pay and allowances for each of the post, with the prior approval of the State Government. Rule 149(1) of the Rules is quoted here under: Rule 149.- Conditions of service of paid officers and servants of Societies.- (1) Every society shall, taking into account its nature of business, volume of transaction and financial position, adopt, with the prior approval of the Government, a Special by-law covering the service conditions of its employees. The special bylaw shall, inter alia, prescribe the following: (i) Cadre strength and classification of various categories of posts and the qualifications required thereof for eac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the order passed by the learned single Judge. Accordingly, the appeals are dismissed. However, there is no order as to costs. Consequently, M.P. No. 1 of 2008 is also dismissed. 6. Seeking review of the orders made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, appellants have filed review application Nos. 82 83 of 2009, respectively. Citing the common order in W.P. Nos. 8801 and 8826 of 2008, dated 27.06.2008, W.P. No. 23476 of 2008, has been dismissed on 17.04.2012. Challenging the order made in W.P. No. 23476 of 2008, dated 17.04.2012, W.A. No. 1330 of 2012 has been filed. Since the common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, is sought to be reviewed on the same grounds and in W.A. No. 1330 of 2012, the very same issues are raised, they are taken up together and disposed of by a common order. 7. Inviting the attention of this Court to Section 73 of the Tamilnadu Co-operative Societies Act, 1983, Mr. R. Krishnamoorthy, learned counsel for the review applicants submitted that the said provision empowers the registered society to make appointment of paid officers and servants of society, as are necessary for efficient performance of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icultural Rural Development Bank Limited has not framed bye-laws approved by the competent authority. He further stated that neither the union nor the employee of any society, is entitled to seek for a mandamus, for implementation of any settlement made, either under Section 12(3) or 18(1) of the Industrial Disputes Act, 1947, as the case may be and therefore, there is no manifest error, in the common order dated 25.09.2008 in W.A. Nos. 1103 and 1104 of 2008, warranting review. 11. The fact that no special bye-law was framed by the concerned society and approved by the competent authority, has not been disputed by the learned counsel for the appellants. Mr. R. Krishnamoorthy, learned counsel for the review applicants, submitted that in Tamil Nadu Vatta Koturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam (rep. by its General Secretary, R. Raghavendran) Vs. Deputy Registrar of Cooperative Societies (Housing) Cuddalore Circle, and others, reported in 2008 (2) LLN 236, G.O. Ms. No. 186 Co-operation Food Consumer Protection Department dated 16.08.2000, was not challenged, and therefore, whatever is observed in the said judgment by the Hon'ble Division Bench, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in any of the mofussil Co-operative Training Institutes or in any one of the Co-operative Training Colleges for Intermediate or senior personnel conducted by the National Council for Co-operative Training set up by the National Co-operative Union of India; and (ii) a pass in the Government Technical Examination in Book-keeping, Banking, Co-operation and Auditing or the examinations on these subjects conducted by the Tamil Nadu Public Service Commission, Madras or the examinations for Co-operative Supervisor's Training Course conducted by the Tamil Nadu Union or the examination for the Higher Diploma in Co-operation conducted by the Co-operative Training Colleges: Provided that this shall not apply to a person who has undergone short term basic training course in cooperation and has passed the examinations,- (i) for the co-operative supervisor's training course and in possession of certificate issued by the Tamil Nadu Co-operative Union, Madras; or (ii) for the Higher Diploma in Co-operation and in possession of certificate issued by the National Council for Co-operative Training: Provided further that a person who has undergone short term course but has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule on the date of commencement of these rules, shall not be continued in service unless he takes steps to acquire the qualification within one year thereof and acquires the qualification within two years thereof: (d) All promotions for one category of post to the immediate next higher category or post shall be made on grounds of merit and ability of the employee, his seniority being taken into account only where merit and ability are approximately equal: Provided that no employee shall be considered for promotion to a higher category of post unless he has put in satisfactory service in the present category of post held by him for such period which shall be not less than five years. (3)(a) No appointment by direct recruitment to any post shall be made except by calling for from the societies applications from their employees who possess the qualifications for the post and unless the Government have accorded special sanction for recruitment by advertisement in dailies, by also calling for a list of eligible candidates from the Employment Exchange. (b) Where the Employment Exchange issues a non-availability certificate or the Government have accorded special sanction for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be competent to the appointing authority to extend the period of probation upto three years to enable the authority to decide whether the probationer is fit for regularisation or confirmation. (c) It shall be competent for the appointing authority to terminate the services of an employee before the expiry of six months of his service, if his work or conduct have not been satisfactory. No appeal shall lie against an order terminating the probation of an employee during this period. (7) No person who is a near relation as specified in rule 63 of a member of the board or of a paid officer of a society shall be appointed to any post in the service 01 the society. If a doubt arises as to whether a person is or is not a near relation of a member of the board or of a paid officer, the board shall refer it to the Registrar for decision. (8) (a) Every employee of a society shall be entitled to casual leave not exceeding twelve days in a year subject to the following conditions, namely:- (i) holidays and Sundays falling within or before or after the period of casual leave shall not be treated as part of casual leave: (ii) casual leave shall not be combined with any other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , if any, previously furnished by him. (c) No employee who is on leave shall during such leave take service or accept any employment elsewhere which involve the receipt of a fee or remuneration without obtaining the previous sanction of his appointing authority. (10)(a) The Chief Executive shall be the authority competent to sanction casual leave to all other employees of the society and the President shall be the authority competent to sanction casual leave to the Chief Executive and privilege leave or earned leave to all the employees, including the Chief Executive. (b) No employee shall claim leave as a matter of right but shall be entitled to leave before the lapse of the leave accumulated upto the limit. (c) Leave shall ordinarily be applied for, and sanction obtained in advance. (d) Staying away from duty, over-stayal of leave and absenting from duty without permission are liable to be punished with anyone of the penalties specified in sub-rule (17) besides being treated as extraordinary leave without pay to avoid interruption in service of the employee. (e) Every application for sick leave shall be accompanied by a Medical Certificate from a registered medi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o accept any gift, gratification or reward from any person with whom he is concerned in the performance of his work: Provided that this sub-rule shall not apply to any borrowings by an employee on the security of his own deposits, savings, insurance policy or the like from other institutions. (14) No employee of a society shall stand for election to any legislature or local authority or any institution constituted under any State or Central Act. No employee of a society shall canvass or otherwise interfere or use his influence in connection with or take part in an election to any legislature or local authority or any institution constituted under any State or Central Act: Provided that he may it record a vote if he is qualified to do so and where he does so he shall give no indication of the manner in which he proposes to vote or has voted. (15)(a) No employee shall accept any employment or work elsewhere, whether honorary or otherwise, without the previous permission in writing of the board. (b) No employee shall engage himself in any trade or business outside the scope of his duties either in his name or in the name of his family members or relative except with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h statement shall include details of the means by which or the sources from which such property was acquired. (e) Whenever an employee of a society, by inheritance, succession or bequest, becomes possessed of immovable property in the area of operations of the society in which he is employed or of such interest in such immovable property as specified in clause (a), he shall communicate all the particulars thereof to the Chief Executive or the President, as the case may be. (f) If an employee of a society receives an order of transfer to a place at which or around which he possesses or has an interest in immovable property, he shall at once bring the fact to the notice of the Chief Executive or the President, as the case may be. (g) Every society shall maintain a register groupwise in respect of all the employees in Form No. 43 showing all immovable properties held by each of them and shall revise them with reference to the particulars furnished by the employees in subsequent returns as specified in clause (c). (h) Any attempt to mislead or any failure to give full and correct information shall render the employee of a society concerned liable to severe disciplinary acti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and such representations, if any, shall be taken into consideration before final orders are passed. Provided that where it is proposed to impose penalties specified in items (v) to (x) in sub-rule (17), the employee concerned shall be afforded an opportunity of personal hearing to defend himself. (c) Every order imposing penalty shall be communicated to the employee concerned in writing stating the grounds on which the penalty has been imposed. (d) Every penalty or fine imposed under this rule shall be imposed in accordance with the provisions of section 35 of the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947) and the rules relating thereto, and for the said purpose the reference to prescribed authority occurring in the said section 35 shall be construed as a reference to the Registrar. (19)(a) An employee 'of a society may be placed under suspension from service where- (i) an inquiry into grave charges against him is contemplated or is pending or (ii) where a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest or in the interest of the society. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y be specified in the by-laws of the society which shall be not less than three times the basic pay drawn by him on the date of retirement or death as the case may be. (23) (a) Every society shall maintain a register of the services of every employee in its service as also an account of leave earned and availed of by him. All changes, affecting the rank and emoluments, transfers and other allied matter shall be entered in this register then and there and attested by the President in the case of Chief Executive and in the case of all other employees by the Chief Executive or where there is no Chief Executive by the president. In the service register of every employee entry shall be made every year about the verification of the service with reference to the pay bills and other records. (b) The society shall maintain a list of seniority of employees in each post and it shall be brought up to date every co-operative year if there is any change during that year. (24) Every society shall maintain confidential report of officers of Classes I to IV and every adverse remark shall be substantiated by concrete instances. Every confidential report shall be written by the Chief Executi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the government have conferred any right on the society, to fix time scale of pay to any post, classified in Rule 149. 16. In Tiruchirappalli Hirudayapuram Co-op Bank Employees Union etc., and Joint Registrar of Co-op. Societies, Tiruchirapalli etc. reported in 1992 (1) LLJ 747, the dispute was with reference to the settlements under Sections 12(3) and 18(1) of the Industrial Disputes Act, 1947, concerning wage structure for the employees in Co-operative Societies. 17. In exercise of powers conferred by Section 180 of the Tamil Nadu Co-operative Societies Act, 1983 [Tamil Nadu Act 30 of 1983], Government have issued G.O. Ms. No. 212, Cooperation, Food and Consumer Protection Department dated 04.07.1995, amending rule 149, as hereunder: Rule 149.- Conditions of service of paid officers and servants of Societies.- (1) Every society shall, taking into account its nature of business, volume of transaction and financial position, adopt, with the prior approval of the Government, a Special by-law covering the service conditions of its employees. The special bylaw shall, inter alia, prescribe the following: (i) Cadre strength and classification of various categories o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he has been found guilty of any offence involving moral turpitude. An employee shall cease to be as such in a society, if he is found guilty of any such offence. (5) No person who is a near relative as specified in rule 63, of a member of the Board or of an officer of a society shall be appointed to any post in the service of such society. If a doubt arises as to whether a person is or is not a near relative of a member of the board or of an officer of a society, the board shall refer it to the Registrar for decision. (6) No employee of a society shall contest, or canvass or otherwise interfere or use his influence in connection with or take part in any election to any legislature, Parliament or local authority or any institution constituted under any State or Central Act except with the previous permission of the Board. (7) (a) No employee shall accept any employment or work also where, whether honorary or otherwise except with the previous permission of the Board. (b) No employee shall engage himself in any trade or business outside the scope of his duties either in his name or in the name of any member of his family or relative except with the previous permission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petent authority, whether it is the Government or the Registrar, as the case may be. No society, was empowered to enter into any settlement under Section 12(3) or 18(1) of the Industrial Disputes Act, 1947, on the subjects mentioned in G.O.Ms. No. 212, Cooperation, Food and Consumer Protection Department dated 04.07.1995, which includes, classification of posts, qualification, method of recruitment, scale of pay and allowances for the posts. 22. When G.O.Ms. No. 186 Co-operation Food Consumer Protection Department dated 16.08.2000, was not challenged, in Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam rep. by its General Secretary R. Raghavendran Vs. Deputy Registrar of Co-operative Societies (Housing) Cuddalore Circle, Cuddalore District and Others, reported in (2008) 2 MLJ 385, it is the contention of the review applicants that whatever opinion expressed by the Hon'ble Division Bench, in the said case, the same has to be considered only as obiter dicta, and does not have any binding effect. The Hon'ble Division Bench in Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, at paragrap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r employees under the provisions of the I.D. Act and thereby torpedo the statutory directions issued by the Registrar of Co-operative Societies under Section 181 of the 1983 Act. 14. In fact, Rule 149 of the Rules 1988 came into being by way of G.O. Ms. No. 212, dated 4.1.1997, i.e., after the pronouncement of the Division Bench decision reported in 1992-1-LLJ 747. On the basis of the judgment of the earlier Division Bench, the State Government in order to restrain the individual Societies entering into such wage settlements without reference to the viability of the concerned Cooperative Societies thought it fit to incorporate the provision in the Rules by introducing Rule 149. 15. By no stretch of imagination, the said Rule can be said to be either conflicting with the provisions of I.D. Act or introduced with any other ulterior motive to defeat the lawful rights of the employees of any of the registered societies. The purport of the rule is to ensure that a registered society does not become defunct or unwieldy and any of the registered societies should not be allowed to be closed due to dearth of funds by mismanagement. Therefore, the constitution of the Committee for form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich arose for consideration in the case in which the judgment was delivered. An 'obiter dictum' as distinguished from a ratio decidendi is an observation by Court on a legal question suggested in a case before it but not arising in such manner as to require a decision. Such an obiter may not have a binding precedent as the observation was unnecessary for the decision pronounced, but even though an obiter may not have a bind effect as a precedent, but it cannot be denied that it is of considerable weight. The law which will be binding under Article 141 would, therefore, extend to all observations of points raised and decided by the Court in a given case. So far as constitutional matters are concerned, it is a practice of the Court not to make any pronouncement on points not directly raised for its decision. The decision in a judgment of the Supreme Court cannot be assailed on the ground that certain aspects were not considered or the relevant provisions were not brought to the notice of the Court (See AIR 1970 SC 1002 and AIR 1973 SC 794). When Supreme Court decides a principle it would be the duty of the High Court or a subordinate Court to follow the decision of the Supre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely investigated as to their possible bearing on other cases. Nevertheless courts have sometimes given dicta the same effect as holdings, particularly where judicial dicta as distinguished from obiter dicta are involved. 22. ...... 23. The Wharton's Law Lexicon (14th Ed. 1993) defines term obiter dictum as an opinion not necessary to a judgment; an observation as to the law made by a judge in the course of a case, but not necessary to its decision, and therefore of no binding effect; often called as obiter dictum,; a remark by the way. 24. The Blacks Law Dictionary, (9th ed, 2009) defines term obiter dictum' as a judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). -- Often shortened to dictum or, less commonly, obiter. Strictly speaking an obiter dictum is a remark made or opinion expressed by a judge, in his decision upon a cause, `by the way' -- that is, incidentally or collaterally, and not directly upon the question before the court; or it is any statement of law enunciated by the judge or court merely by way o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a general rule, is not binding as authority or precedent within the stare de facto rule, even on courts inferior to the court from which such expression emanated, no matter how often it may be repeated. This general rule is particularly applicable where there are prior decisions to the contrary of the statement regarded as dictum; where the statement is declared, on rehearing, to be dictum; where the dictum is on a question which the court expressly states that it does not decide; or where it is contrary to statute and would produce an inequitable result. It has also been held that a dictum is not the law of the case, nor res judicata. 27. The concept of Dicta has been discussed in Halsbury's Laws of England, Fourth Edition (Reissue), Vol. 26, para. 574 as thus: 574. Dicta. Statements which are not necessary to the decision, which go beyond the occasion and lay down a rule that it is unnecessary for the purpose in hand are generally termed dicta . They have no binding authority on another court, although they may have some persuasive efficacy. Mere passing remarks of a judge are known as obiter dicta , whilst considered enunciations of the judge's opinion o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue in hand does not form the part of the judgment of the Court and have no authoritative value. The expression of the personal view or opinion of the Judge is just a casual remark made whilst deviating from answering the actual issues pending before the Court. These casual remarks are considered or treated as beyond the ambit of the authoritative or operative part of the judgment. 26. Let us consider some more case laws on the aspect of ratio decidendi and the binding precedent, (i) In Yeshbai and another v. Ganpat and another reported in AIR 1975 Bombay 20, a Hon'ble Division Bench of the Bombay High Court held as follows: 37. ....we may at this stage refer to a passage from Halsbury's Laws of England, Third Edition, Volume 22, paragraph 1682 on page 796. It is as follows: 1982. Ratio decided. The enunciation of the reasons or principle on which a question before a court has been decided is alone binding as a precedent. This underlying principle is often termed the ratio decidendi, that is to say, the general reasons given for the decision or the general grounds on which it is based, detached or abstracted from the specific peculiarities of the particular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision. (iv) In Delhi Municipal Corporation Vs. Gurnam Kaur reported in AIR 1989 SC 38, it has been held that:- It is axiomatic that when a direction or order is made by consent of the parties, the Court does not adjudicate upon the rights of the parties nor lay down any principle. Quotability as 'law' applies to the principle of a case, its ratio decidendi The only thing in a Judge's decision binding as an authority upon a subsequent Judge is the principle upon which the case was decided. Statements which are not part of the ratio decidendi are distinguished as obiter dicta and are not authoritative. The task of finding the principle is fraught with difficulty because without an investigation into the facts, as in the present case, it could not be assumed whether a similar direction must or ought to be made as a measure of social justice. (v) In Krishena Kumar Vs. Union of India and Others reported in AIR 1990 SC 1782, the Hon'ble Apex Court held as follows:- 19. In other words, the enunciation of the reason or principle upon which a question before a Court has been decided is alone as a precedent. The ratio decidendi is the underlying principl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Corporation of Delhi v. Gurnam Kaur, (1989) 1 SCC 101. The bench held that, 'precedents sub-silentio and without argument are of no moment'. The courts thus have taken recourse to this principle for relieving from injustice perpetrated by unjust precedents. A decision which is not express and is not founded on reasons nor it proceeds on consideration of issue cannot be deemed to be a law declared to have a binding effect as is contemplated by Article 141. Uniformity and consistency are core of judicial discipline. But that which escapes in the judgment without any occasion is not ratio decidendi. In B. Shama Rao v. Union Territory of Pondicherry, AIR 1967 SC 1480, it was observed, 'it is trite to say that a decision is binding not because of its conclusions but in regard to its ratio and the principles, laid down therein'. Any declaration or conclusion arrived without application of mind or preceded without any reason cannot be deemed to be declaration of law or authority of a general nature binding as a precedent. Restraint in dissenting or overruling is for sake of stability and uniformity but rigidity beyond reasonable limits is inimical to the growth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be read as applicable to the particular facts proved, since the generality of the expressions which may be found there is not intended to be exposition of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. It would, therefore, be not profitable to extract a sentence here and there from the judgment and to build upon it because the essence of the decision is its ratio and not every observation found therein. The enunciation of the reason or principle on which a question before a court has been decided is alone binding between the parties to it, but it, is the abstract ratio decidendi, ascertained on a consideration of the judgment in relation to the subject matter of the decision, which alone has the force of law and which, when it is clear what it was, is binding. It is only the principle laid down in the judgment that is binding law under Article 141 of the Constitution. A deliberate judicial decision arrived at after hearing an argument on a question which arises in the case or is put in issue may constitute a precedent, no matter for what reason, and the precedent by long recognition may mature into rule of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . State of Bihar reported in (2000) 5 SCC 488, the Hon'ble Supreme Court observed in paragraph 20 as under: A decision not expressed, not accompanied by reasons and not proceeding on a conscious consideration of an issue cannot be deemed to be a law declared to have a binding effect as is contemplated by Article 141. That which has escaped in the judgment is not the ratio decidendi. This is the rule of sub silentio, in the technical sense when a particular point of law was not consciously determined. (x) In Government of Karnataka and Others v. Gowramma and Others AIR 2008 SC 863, with reference to precedential value of a decision, the Hon'ble Supreme Court, held thus, Reliance on the decision without looking into the factual background of the case before it is clearly impermissible. A decision is a precedent on its own facts. Each case presents its own features. It is not everything said by a Judge while giving a judgment that constitutes a precedent. The only thing in a Judge's decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. Acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter of applying precedents, have become locus classicus: Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect, in deciding such cases. One should avoid the temptation to decide cases (as said by Cardozo) by matching the colour of one case against the colour of another. To decide therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive. .. .. .. Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else you will find yourself lost in thickets and branches. My plea is to keep the path to justice clear of obstructions which could impede it. (emphasis supplied) 27. In Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, by orders, dated 12.03.1999 and 08.04.1999, the Deputy Registrar of Cooperative Societies Housing, the 1st respondent therein, directed the 3rd respondent therein, to cancel the 18(1) settlement, based on which, higher scale of pay was fixed and paid to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... committed by it. But, there are definitive limits to the exercise of the power of review. The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made; it may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground. But, it may not be exercised on the ground that the decision was erroneous on merits. That would be the province of a court of appeal. A power of review is not to be confused with appellate powers which may enable an appellate court to correct all manner of errors committed by the subordinate court. (ii) In yet another decision in Rajindersingh v. Lt. Governor reported in 2005 (13) SCC 289, at paragraph Nos. 15 and 16, the Hon'ble Supreme Court held that law is well settled that the power of judicial review of its own order by the High Court inheres in every Court of plenary jurisdiction to prevent miscarriage of justice. Power of judicial review extends to correct all errors to pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould have been made, due to an inadvertent typographical mistake. Typographical mistake, if any made, would not give rise to a cause to contend that the entire judgment has to be reviewed. 31. When the Hon'ble Division Bench in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, has categorically held that the society had not framed any bye-law, under Rule 149 and approved by the competent authority and further observed that if no such by-law has been framed by the Society, prescribing the condition of service, such as, scale of pay of its employees and staff in that case, it is always open to the State Government to make minimum prescription of the scale of pay to be paid in favour of such employees and staff and we are of the considered view that there is absolutely no ground to interfere, with the above orders. 32. In the light of the above discussion and decisions, we are of the considered view that the appellants have not made out a strong case, to review of the common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008. For the very same reasons, we find that the order of the writ Court in W.P. No. 23476 of 2008, dated 17.04.2012, does not call for any inte ..... 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