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1 - 10 of 12 (0.20 seconds)B. S. Vadera vs Union Of India & Ors on 27 March, 1968
9. Constitution Benches of the Supreme Court in B.S. Vadhera v. Union of India and Ors., AIR 1969 SC 118 ; State of Jammu and Kashmir v. Triloki Nath Khosa, AIR 1974 SC 1 and B. S. Yadav and Ors. v. State of Haryana, AIR 1981 SC 561, held that service conditions of an employee can unilaterally be changed with retrospective effect.
State Of Jammu & Kashmir vs Triloki Nath Khosa & Ors on 26 September, 1973
9. Constitution Benches of the Supreme Court in B.S. Vadhera v. Union of India and Ors., AIR 1969 SC 118 ; State of Jammu and Kashmir v. Triloki Nath Khosa, AIR 1974 SC 1 and B. S. Yadav and Ors. v. State of Haryana, AIR 1981 SC 561, held that service conditions of an employee can unilaterally be changed with retrospective effect.
State Of Mysore vs M. N. Krishna Murthy & Ors on 5 October, 1972
In State of Mysore v. Krishna Murty and Ors., AIR 1973 SC 1146 ; Raj Kumar v. Union of India, AIR 1975 SC 1116 and K.C. Arora v. State of Haryana and Ors., (1984) 3 SCC 281, the Apex Court observed that it was well-established that Rules made under the proviso to Article 309 of the Constitution, being legislative in nature and character, could be given effect to retrospectively.
Raj Kumar vs Union Of India & Ors on 19 March, 1975
In State of Mysore v. Krishna Murty and Ors., AIR 1973 SC 1146 ; Raj Kumar v. Union of India, AIR 1975 SC 1116 and K.C. Arora v. State of Haryana and Ors., (1984) 3 SCC 281, the Apex Court observed that it was well-established that Rules made under the proviso to Article 309 of the Constitution, being legislative in nature and character, could be given effect to retrospectively.
State Of Gujarat & Another vs Raman Lal Keshav Lal Soni & Others on 27 January, 1983
11. A Constitution Bench of the Hon'ble Apex Court in State of Gujarat and Ors. v. Raman Lal Keshav Lal Soni and Ors., AIR 1984 SC 161, observed as under :
Roshan Lal Tandon vs Union Of India on 14 August, 1967
8. A Constitution Bench of the Supreme Court in Roshan Lal Tandon v. Union of India and Ors., AIR 1967 SC 1889, examined the similar issue and observed as under :
K. Jagadeesan vs Union Of India And Others on 19 February, 1990
In K. Jagadeesan v. Union of India and Ors., AIR 1990 SC 1072, the Supreme Court held that if the employer unilaterally amends the Rules, reducing the chances of promotion in future, it cannot be held that such amendment takes away the rights accrued to the employee, as it cannot be held even by stretch of imagination that the Rules have been amended and made applicable with retrospective effect.
State Of Karnataka And Anr vs Mangalore University Non-Teaching ... on 28 February, 2002
17. Similarly, In State of Karnataka and Ors. v. Mangalore University Non-Teaching Employees Association and Ors., AIR 2002 SC 1223, the Hon'ble Supreme Court held that conditions of service can be altered unilaterally by the employer but it should be in conformity with legal and constitutional provisions.
H.L. Trehan And Ors. Etc vs Union Of India And Ors. Etc on 22 November, 1988
20. The ratio of the judgment in H. L. Trehan and Ors. v. Union of India and Ors., (1989) 1 SCC 764, heavily relied by Shri Nigam, learned counsel appearing for the petitioner, is not applicable in the instant case, as the facts of the said case are quite distinguishable. In the said case, a notification of vesting the management of the undertakings of Caltex (India) Ltd. in CORIL was challenged and that vesting had adversely affected the perquisites of the petitioners therein. As it resulted in civil consequences, the Apex Court held that such a course was not permissible without giving an opportunity of hearing to the adversely affected employees.