Document Fragment View

Matching Fragments

A.N.Ray, C.J.. wrote the opinion for himself and five other learned Judges, Krishna Iyer, J. wrote a separate but concurring Judgment where he referred to the new dimension to the law given by Shah, J. (as he than was) in the sixties. The learned Judge said that the words 'form', 'substance', 'motive' and 'foundation' were baffling and the need of the hour was a simple test.

If there was any difficulty as to what was 'motive' or 'foundation' even after Shamsher Singh's case, the said doubts, is our opinion, where removed in Gujarat Steel Tubes vs. Gujarat Steel Tubes Mazdoor Sangh (1980 (2) SCC 593) again by Krishna Iyer, J. No doubt. it is a Labour matter but the distinction so far as what is 'motive' or 'foundation' is common to Labour cases and cases of employees in government or public sector. The learned Judge again referred to the criticism by Shri Tripathi in this branch of law as to what was 'motive' or what was 'foundation', a criticism to which reference was made in Samsher Singh's case. The clarification given by the learned Judge is, in our opinion, very instructive, It reads as follows (at page 616-617):