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1 - 8 of 8 (0.46 seconds)Article 16 in Constitution of India [Constitution]
Union Of India vs Bidhubhushan Malik And Others on 24 April, 1984
Our attention was also invited to the case of the Union of India v. Bidhubhushan Malik and others, , dealing with the High Court Judge, (Conditions of Services) Act, 1954. By amendment a distinction was made between those who retired before 1st October, 1974, and those who retired after that date and this amendment was struck down as the State was unable to show any valid reason for selecting the date for making distinction Considering the fact that this case also does not refer to a portion of the voluntary agreement entered into after negotiation it is equally difficult to see how the ratio of the said decision will have any application to the present matter.
Moti Ram Deka Etc vs General Manager, N.E.F. ... on 5 December, 1963
Relying upon the case of Moti Ram Deka v. General Manager, N.E. Frontire Rly., , it was submitted that even a contract of service entered into by the Government could be challenged if it violated a constitutional guarantee afforded by Article 311(2) of the Constitution. That was a case where a contract was executed by a railway servant in terms of railway rules. One provision in the contract was challenged as being violative of Constitutional guarantee afforded by Article 311(2) and the objection that such challenge was impermissible was repelled by the Supreme Court. There is nothing even in this decision to support the petitioner.
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
Tata Engineering & Locomotive Co. Ltd vs Their Workmen on 16 October, 1981
4. In our judgment considering the aforesaid undisputed position the petitioner has no case whatsoever. It is one thing to adjudicate upon an Industrial Dispute and quite another, to test the reasonableness and validity of the settlement mutually arrived at. As very aptly put by the Supreme Court in the case of M/s. Tata Engineering and Locomotive Co. Ltd. v. Their Workmen, , "A settlement cannot be weighed in any golden scales".
Section 18 in The Industrial Disputes Act, 1947 [Entire Act]
Herbertsons Limited vs Workmen Of Herbertsons Limited And Ors on 3 November, 1976
In this connection following observations in the case of Herbertsons Ltd. v. The Workmen of Herbertsons Ltd and others, A.I.R. 1977 S.C. 322, may also be noticed.
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