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1 - 10 of 38 (0.33 seconds)Article 14 in Constitution of India [Constitution]
Section 617 in The Companies Act, 1956 [Entire Act]
Article 16 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Article 39 in Constitution of India [Constitution]
Article 73 in Constitution of India [Constitution]
West Bengal State Electricity Board & ... vs Desh Bandhu Ghosh And Ors on 26 February, 1985
15. The services of the petitioner have been terminated by the respondents in pursuance of the Rule 27(e)(iii) because the petitioner was a regular employee. Without holding an enquiry, the services of the petitioner were terminated by giving him three months' pay in lieu of the notice by order dated 29-11-1995 (Annexure-P4). We have examined the validity of this rule. Suffice it to say that similar rule has been found to be ultra vires Articles 14 and 16 of the Constitution by various decisions of the Supreme Court and they have termed this rule to be like a Henry VIIIth clause. Similar rule existed in the case of W. B. S. E. Board v. Desk Bandhu Ghosh, AIR 1985 SC 722. In this case, almost a similar rule appeared in West Bengal Electricity Board's Regulations, regulation 34 of which provided that a permanent employee's services can be terminated by giving three months' notice or salary in lieu thereof. This was found to be totally arbitrary and confers on Board a power which is capable of vicious discrimination. Therefore, their Lordships of the Supreme Court struck down this rule.
Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990
16. Similarly in the case of Delhi Transport Corporation v. D. T. C. Mazdoor Congress, AIR 1991 SC 101, in which almost analogous rule of the Delhi Transport Authority (Conditions of Appointment and Service) Regulations came up for consideration, Regulation 9(6), which provided termination of permanent employee of the Corporation without assigning reason after giving a notice and without giving any opportunity of hearing before passing termination order, was found to be arbitrary, unfair, unjust, unreasonable and opposed to public policy.