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1 - 10 of 17 (0.55 seconds)Article 21 in Constitution of India [Constitution]
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
D.K. Yadav vs J.M.A. Industries Ltd on 7 May, 1993
In view of the law, as above which has the sanction of Article 14 of the Constitution of India (since it is the pronouncement of the Supreme Court in D.K Yadav v. J.M.A. Industries Limited , leaves thus no option with the employer except to follow a just, fair and reasonable procedure before any decision to terminate the service of a workman is taken by it in accordance with the Certified Standing Orders. In the case of the 2nd respondent, it is conceded by the petitioner, no opportunity was given to him to show the cause which prevented him from reporting to duty. Reading the principles of natural justice in the above Standing Order (as the Supreme Court has done in the case of D.K. Yadav, I have no hesitation in holding that the 2nd respondent's unemployment for the said reason for his absence without leave or permission in terms of the Certified Standing Orders, as above in unjust and unfair and violative of Articles 21 and 14 of the Constitution of India.
Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990
14. It is thus well-settled law that right to life enshrined under Article 21 of the Constitution would include right to livelihood. The order of termination of the service of an employee/ workman visits with civil consequences of jeopardising not only his/her livelihood but also career, and livelihood of dependants. Therefore, before taking any action putting an end to the tenure of an employee/workman fair play requires that a reasonable opportunity to put forth his case is given and domestic inquiry conducted complying with the principles of natural justice. in Delhi Transport Corporation v. D.T.C. Mazdoor Congress , the Constitution Bench, per majority, held that termination of the service of a workman giving one month's notice or pay in lieu thereof without inquiry offended Article 14. The order terminating the service of the employees was set aside.