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1 - 10 of 10 (2.85 seconds)Article 16 in Constitution of India [Constitution]
Manager Govt. Branch Press &. Anr vs D. B. Belliawpa on 30 November, 1978
In The Manager Govt. Branch Press and Anr. v.
D.B. Belliappa, A.I.R. 1979 S.C. 429, a three judges
bench of the Supreme Court held that protection of
Articles 14 and 16(1) is available even to a temporary
government servant and if the action of the employer is
found to be arbitrary or discriminatory, it is liable to be
invalidated. While repelling the argument advanced on
behalf of the appellant that Articles 14 and 16 do not have
any relevance in the matters involving termination of
services of temporary employees, their Lordships held as
under:-
Article 311 in Constitution of India [Constitution]
Section 16 in The General Clauses Act, 1897 [Entire Act]
Section 2 in The Minimum Wages Act, 1948 [Entire Act]
Section 30 in The Minimum Wages Act, 1948 [Entire Act]
Hari Nandan Prasad & Anr vs Employer I/R To Mangmt.Of F.C.I. & Anr on 17 February, 2014
4. The principal argument of Mr. Joshi is that the
appellant in the present case was appointed in 1983,
whereas almost more than 20 employees appointed
almost 10 years thereafter on the same service conditions
were absorbed as the permanent employees and are
drawing salary of the regular pay scale with all other
benefits. It is argued that even after putting in almost 40
years of service without any break, the appellant herein is
being paid the minimum wages and is being treated as a
daily wager. This, according to Mr. Joshi, is nothing but
unfair labour practice. Mr. Joshi would submit that the
learned Single Judge committed a serious error in rejecting
the writ application by relying on the decision of the
Supreme Court in the case of Hari Nandan Prasad (supra).
The Minimum Wages Act, 1948
E. P. Royappa vs State Of Tamil Nadu & Anr on 23 November, 1973
In E.P. Royappa v. State of Tamil Nadu and Anr.,
1974(1) S.L.R. 497, a Constitution Bench of the Supreme
Court considered the scope of Articles 14 and 16 and laid
down the following principles:-
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