LAW FOR ALL

Conflicting Decisions - No - whether the excess payment can be recovered paid by the fault of employer / can not be refunded, paid due to bonafide mistake of employer - Excess payment made to employees for no fault of them - can not be recoverable by employer after belated stage - Excess payment received by Employee -liable to be refunded like recovery of excess tax payments as no one can enrich wrongfully - Apex court held that former decisions is an equitable relief under Art.142 ,given under facts and circumstances of that case and is not binding precedent and Apex court further held that the later decisions is a declaration of law under Art.136 is binding on all as no one can enrich wrongfully and when it came to know his knowledge , he is liable to refund the same like income tax department and as such returned the reference and remanded the case to decided as per law = STATE OF PUNJAB & ORS. PETITIONER(S) VERSUS RAFIQ MASIH (WHITE WASHER) RESPONDENT(S) = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41794