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1 - 10 of 33 (0.50 seconds)Article 14 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Article 12 in Constitution of India [Constitution]
Section 23 in The Indian Contract Act, 1872 [Entire Act]
Tekraj Vasandi Alias K.L. Basandhi vs Union Of India & Others on 10 December, 1987
Upholding the objection and considering the ambit and scope of
Article 311, this Court held that an employee of a Corporation cannot be
said to have held a 'civil post' and, therefore, not entitled to protection of
Article 311. According to the Court, the Corporation could not be said to
be a 'department of the Government' and employees of such Corporation
were not employees under the Union. The Corporation has an independent
existence and the appellant was not entitled to invoke Article 311.
Hindustan Steel Limited (I) has been followed by this Court in several
cases. [See Sukhdev Singh & Others v. Bhagatram Sardar Singh
Raghuvanshi & Another, (1975) 1 SCC 421 ; Som Prakash Rekhi v. Union
of India, (1981) 1 SCC 449 ; A.L. Kalra v. Project & Equipment
Corporation of India Ltd., (1984) 3 SCC 316 ; Tekraj Vasandi v. Union of
India & Others, (1988) 1 SCC 236 ; Pyare Lal Sharma v. Managing
Director & Others, (1989) 3 SCC 448 ; State Bank of India v. S. Vijay
Kumar, (1990) 4 SCC 481 ; Satinder Singh Arora v. State Bank of Patiala,
(1992) Supp 2 SCC 224]
In view of the above pronouncements of this Court, there is no doubt
that the respondent-Corporation is right in submitting that the appellant
cannot invoke Article 311 by describing him as holding 'civil post' under
the Union or a State. Article 311 of the Constitution, therefore, has no
application to the facts of the case.
Pyare Lal Sharma vs Managing Director, Jammu & ... on 19 July, 1989
Upholding the objection and considering the ambit and scope of
Article 311, this Court held that an employee of a Corporation cannot be
said to have held a 'civil post' and, therefore, not entitled to protection of
Article 311. According to the Court, the Corporation could not be said to
be a 'department of the Government' and employees of such Corporation
were not employees under the Union. The Corporation has an independent
existence and the appellant was not entitled to invoke Article 311.
Hindustan Steel Limited (I) has been followed by this Court in several
cases. [See Sukhdev Singh & Others v. Bhagatram Sardar Singh
Raghuvanshi & Another, (1975) 1 SCC 421 ; Som Prakash Rekhi v. Union
of India, (1981) 1 SCC 449 ; A.L. Kalra v. Project & Equipment
Corporation of India Ltd., (1984) 3 SCC 316 ; Tekraj Vasandi v. Union of
India & Others, (1988) 1 SCC 236 ; Pyare Lal Sharma v. Managing
Director & Others, (1989) 3 SCC 448 ; State Bank of India v. S. Vijay
Kumar, (1990) 4 SCC 481 ; Satinder Singh Arora v. State Bank of Patiala,
(1992) Supp 2 SCC 224]
In view of the above pronouncements of this Court, there is no doubt
that the respondent-Corporation is right in submitting that the appellant
cannot invoke Article 311 by describing him as holding 'civil post' under
the Union or a State. Article 311 of the Constitution, therefore, has no
application to the facts of the case.
State Bank Of India & Ors. Etc vs S. Vijaya Kumar & Ors. Etc on 18 July, 1990
Upholding the objection and considering the ambit and scope of
Article 311, this Court held that an employee of a Corporation cannot be
said to have held a 'civil post' and, therefore, not entitled to protection of
Article 311. According to the Court, the Corporation could not be said to
be a 'department of the Government' and employees of such Corporation
were not employees under the Union. The Corporation has an independent
existence and the appellant was not entitled to invoke Article 311.
Hindustan Steel Limited (I) has been followed by this Court in several
cases. [See Sukhdev Singh & Others v. Bhagatram Sardar Singh
Raghuvanshi & Another, (1975) 1 SCC 421 ; Som Prakash Rekhi v. Union
of India, (1981) 1 SCC 449 ; A.L. Kalra v. Project & Equipment
Corporation of India Ltd., (1984) 3 SCC 316 ; Tekraj Vasandi v. Union of
India & Others, (1988) 1 SCC 236 ; Pyare Lal Sharma v. Managing
Director & Others, (1989) 3 SCC 448 ; State Bank of India v. S. Vijay
Kumar, (1990) 4 SCC 481 ; Satinder Singh Arora v. State Bank of Patiala,
(1992) Supp 2 SCC 224]
In view of the above pronouncements of this Court, there is no doubt
that the respondent-Corporation is right in submitting that the appellant
cannot invoke Article 311 by describing him as holding 'civil post' under
the Union or a State. Article 311 of the Constitution, therefore, has no
application to the facts of the case.
Hari Pada Khan vs Union Of India & Ors on 4 December, 1995
At the time of admission hearing, reference was also made to
another two Judge Bench decision of this Court in Hari Pada Khan vs.
Union of India & Others, (1996) 1 SCC 536. In that case, the petitioner
who was a permanent staff member of Indian Oil Corporation was
involved in theft of oil and a First Information Report was lodged against
him. On the basis of that report, a criminal case was registered and he was
arrested. Relying on Standing Order 20 (iv) of the Corporation, he was
dismissed from service. Standing Order 20(iv), as then stood, was similar
to present Standing Order 20(vi) and empowered the General Manager of
the Corporation to dismiss a workman if he had been convicted for a
criminal offence in a court of law or if the General Manager was satisfied
for reasons to be recorded in writing that it was neither expedient nor in
the interest of the Corporation to continue the workman in service.
Standing Order 20(iv) read thus;
Mathura Refinery Mazdoor Sangh And Anr. vs Dy. Chief Labour Commissioner on 31 January, 1992
The Court also noted that a similar provision was held valid
and intra vires by this Court in Mathura Refinery Mazdoor Sangh v.
Deputy Chief Labour Commissioner & Others, Special Leave Petition
(Civil) NO. 11659 of 1992, decided on November 13, 1995.