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1 - 10 of 37 (0.35 seconds)Article 12 in Constitution of India [Constitution]
Apparel Export Promotion Council vs Union Of India on 12 August, 1993
In Apparel Export Promotion Council v. Union Of India 1993 SCC
OnLine Mad 242 it was held that the Government cannot tinker with the
powers of the Executive Committee of the AEPC.
Sukhdev Singh & Ors vs Bagatram Sardar Singh Raghuvanshi And ... on 21 February, 1975
In Sukhdev Singh and Ors. v. Bhagat Ram Sardar Singh
Raghuvanshi (1975) 1 SCC 421, the Supreme Court was concerned with an
order for removal from service of employees in the Oil and Natural Gas
Commission, Industrial Finance Corporation and Life Insurance
Corporation. The Supreme Court held that a combination of state funding
and an unusual degree of control over the management and policies would
be critical in considering whether the organization would be state. It held
that employment under public corporation would be public employment and
therefore employees would have the protection which appertains to public
employment.
Section 25 in The Companies Act, 1956 [Entire Act]
Union Of India And Ors vs Arun Kumar Roy on 23 January, 1986
In Union of India (UOI) and Ors. v. Arun Kumar Roy (supra),
the question was whether a temporary government servant could be
terminated as the one month's salary and allowance was not paid. The Court
held that the employees were governed by Central Civil Service Temporary
Service Rules, 1965 and not the order of appointment. Once an employee is
appointed by a public authority, though the employment originates in a
contract, it acquires a status under the service rules and would no longer be
under the contract. Paragraphs 18 and 19 are relevant and are set out below:
Ajay Hasia Etc vs Khalid Mujib Sehravardi & Ors. Etc on 13 November, 1980
In Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722, the
Court applied the judgment in Ramana Dayaram Shetty v. International
Airport Authority, 1979 3 SCC 489 and held that the Regional Engineering
College, Sri Nagar would be amenable to writ jurisdiction.
Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990
(v) The argument that natural justice need not be followed was
vehemently refuted. It was submitted that unless and until the post itself is
abolished or a disciplinary enquiry is underway, permanent employees have
a lien over the post as per the judgment of Delhi Transport Corporation
(supra).
L. Robert D'Souza vs The Executive Engineer Southern ... on 16 February, 1982
This itself shows
that such a conclusion has been arrived at without any basis and in complete
breach of principles of natural justice. This is a black mark termination and,
hence, without a disciplinary enquiry the same cannot be upheld by this
Court. He further submitted that as per the Service Rules, the procedure for
retirement is only upon superannuation and in case of regular employees
nothing less than superannuation would constitute retirement. Reliance is
also placed upon the judgment L Robert D Souza v. Executive Engineer,
Southern Railway and Another 1982(1)SCC645. Thus, regular employees
who are permanently on the rolls of the Centre could not have been
terminated without the three month notice period.
Apparel Export Promotion Council vs All India Garment Exporters Common ... on 25 January, 2012
In appeal, the Division Bench in Apparel Export Promotion Council
(supra) observed that the judgment of the Learned Single Judge impugned
was in the context of the situation as prevailing at the time of filing of the
writ petition i.e. the year 1998. The subsequent changes of the year 2000
knocked off the basis laid in the writ petition for the relief claimed and
granted by the learned Single Judge. It observed that the respondents/writ
petitioners did not take any steps whatsoever for challenging the said
amendment of Exim Policy in March 2000. The court then observed that the
challenge by the writ petitioners at the time of filing of the writ petition to
such classification (creating classification of voting and non-voting
members), even if maintainable when the writ petition was filed, in the light
of the amendments, did not survive. The appeal was allowed. The judgment
of the Learned Single Judge was set aside and the writ petition was
dismissed. The Division Bench did not make any observations in respect of
the findings of the Ld. Single Judge relating to the role and standing of
AEPC.