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1 - 10 of 11 (1.00 seconds)Article 41 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 19 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
R. K. Dalmia vs Delhi Administration on 5 April, 1962
We may also mention here that the decision dated March
10, 1988 in Writ Petition No. 1351 of 1987 (R.K. Soni &
Ors., v. Delhi Administration) on which the petitioners have
placed reliance related to workers employed in the
departments of the Delhi Administration and they were
working in the said departments for more than 4 to 5 years.
In that case this Court had directed the absorption of the
workers on regular basis. They were first to be absorbed
against Group `D' posts and as and when promotion
opportunities arose they were to be considered for promotion
in Group `C' posts.
The Employment Exchanges (Compulsory Notification Of Vacancies) Act, 1959
Olga Tellis & Ors vs Bombay Municipal Corporation & Ors. Etc on 10 July, 1985
13. There is no doubt that broadly interpreted and as
a necessary logical corollary, right to life would include
the right to livelihood and, therefore, right to work. It
is for this reason that this Court in Olga Tellis & Ors. v.
Bombay Municipal Corporation & Ors., AIR 1986 SC 180, while
considering the consequences of eviction of the pavement
dwellers had pointed out that in that case the eviction not
merely resulted in deprivation of shelter but also
deprivation of livelihood inasmuch as the pavement dwellers
were employed in the vicinity of their dwellings. The Court
had, therefore, emphasised that the problem of eviction of
the pavement dwellers had to be viewed also in that context.
This was, however, in the context of Article 21 which seeks
to protect persons against the deprivation of their life
except according to procedure established by law. This
country has so far not found it feasible to incorporate the
right to livelihood as a fundamental right in the
Constitution. This is because the country has so far not
attained the capacity to guarantee it, and not because it
considers it any the less fundamental to life. Advisedly,
therefore, it has been placed in the Chapter on Directive
Principles Article 41 of which enjoins upon the State to
make effective provision for securing the same "within the
limits of its economic capacity and development".