Committee on Disputes approval is not a precondition when a dispute is already settled by binding precedent.

Committee on Disputes approval was not treated as a necessary pre-condition where the underlying controversy was already governed by an earlier binding decision and the reference merely sought conformity with that precedent. The Delhi High Court noted that the statutory right to file a reference was not displaced by the Supreme Court decision concerning disputes between State entities, and that the Committee on Disputes mechanism was intended to prevent avoidable litigation in actual inter se governmental disputes. It further observed that, if a strict approval requirement were applied, the review application itself would have needed such approval. The review application was dismissed.

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Issues: Whether the review application was maintainable without prior approval of the Committee on Disputes, and whether such approval was a pre-requisite when the underlying controversy was already covered by an earlier binding decision.

Analysis: The application was directed against an earlier order passed on a reference concerning a public sector undertaking. The Court held that the right to file a reference is conferred by statute and is not taken away by the Supreme Court decision concerning disputes between State entities. It held that the Committee on Disputes mechanism was meant to prevent avoidable litigation where an actual inter se governmental dispute existed, and that in a case where the issue was already answered by an earlier decision and the reference merely sought to align the impugned judgment with that decision, prior approval was not a condition precedent. The Court also observed that, if any strict approach were to be applied, the review application itself would have required such approval.

Conclusion: The review application was not maintainable on the applicant's contention regarding absence of Committee on Disputes approval and was dismissed.

Final Conclusion: Prior approval of the Committee on Disputes was not treated as a necessary pre-condition for the reference in the circumstances, and the review application failed.

Ratio Decidendi: Committee on Disputes approval is not a prerequisite where the dispute is already settled by binding precedent and the proceeding merely seeks conformity with that precedent.

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