Motor Vehicles Act as ultra vires, unconstitutional, illegal and null and
void abinitio insofar as the petitioners are concerned.
!For Petitioners ... Mr.M.Mohammed Ibrahim
62857/08 by the second respondent is illegal, unjust and abinitio void.
W.P.No.7613 of 2010 is preferred under Article
Supreme Court in Jaipur Zila case (cited
supra). The termination was void abinitio and the workmen are entitled for all
the relief, as if there
Supreme Court in Jaipur Zila case (cited
supra). The termination was void abinitio and the workmen are entitled for all
the relief, as if there
dismissed the Approval Petition holding that the order of dismissal was void and abinitio. Since the approving authority did not grant the approval, it would ... compliance with the provision will render an order of dismissal void abinitio. In such cases, it was not necessary for a workman to lodge
compliance of the Section 33 will make the order of termination void
abinitio. In fact, the Constitution Bench had held that the workmen need ... mandatory conditions
precedents provided under that section, makes the order void abinitio.
Therefore, the Labour Court duty bound by the two binding precedents
sought, they are entitled for wages as dismissal is void abinitio and non-est in law and their claim was based upon the judgment ... adjudicated by any court. Since the dismissal order itself has become void abinitio, the workmen are entitled to claim wages as if there
held that in such an event when a retrenchment has become void abinitio, the workman can get the relief of reinstatement with continuity of service
proceeding with their termination order will necessarily become void abinitio. The Supreme Court in its judgment in the case of Jaipur Zila Sahakari Bhoomi Vikas
followed, the order terminating the service was void abinitio. It also found that even after the disengagement of the service of the workmen, audit section ... termination will become void abinitio. In such circumstances, the workmen are entitled to get service to the office, to which they were originally employees