Search Results Page
Search Results
1 - 10 of 21 (0.29 seconds)Article 14 in Constitution of India [Constitution]
The Industrial Employment (Standing Orders) Act, 1946
Article 16 in Constitution of India [Constitution]
D.K. Yadav vs J.M.A. Industries Ltd on 7 May, 1993
21. This Court in D.K. Yadav vs. J.M.A Industries Ltd.
(1993) 3 SCC 259 has laid down that where the Rule provided
that the services of an employee who overstays the leave
would be treated to have been automatically terminated,
would be bad as violative of Articles 14, 16 and 21 of the
Constitution. It was further held that if any action was
taken on the basic of such a rule without giving any
opportunity of hearing to the employees, it would be wholly
unjust, arbitrary and unfair. The Court reiterated and
emphasised in no uncertain terms that principles of natural
justice would have to be read into the provision relating to
automatic termination of services.
Scooters India And Ors. vs Vijai E.V. Eldred on 3 October, 1996
22. Learned counsel for the petitioner has placed strong
reliance upon a decision of this Court in Civil Appeal No.
3486 of 1992, Scooters India & Ors. vs. Vijay E.V. Eldred,
decided on 10.301996, in support of his contention that any
stipulation for automatic termination of services made in
the Standing Orders could not have been declared to be
invalid. We have been referred to a stray sentence in that
judgment, which is to the following effect: