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1 - 10 of 10 (0.24 seconds)Article 14 in Constitution of India [Constitution]
The Indian Contract Act, 1872
Hec Voluntary Retd.Emps.Welfare Soc. & ... vs Heavy Engineering Corporation Ltd. & ... on 24 February, 2006
8. It is an admitted that in the present case that the offer has been communicated to
the petitioner and he has already received all the financial benefits admissible under the
V.R.S. Hon'ble Supreme Court in the case of HEC Voluntary Retd. Emps. Welfare
Soc. & Anr. vs. Heavy Engineering Corporation Ltd. & Ors. , A.I.R. 2006 S.C. 1420,
has held thus :-
Central Inland Water ... vs Brojo Nath Ganguly & Anr on 6 April, 1986
14. Learned counsel for the petitioner wants us to address the petitioner's grievance
in the light of the decision of Hon'ble the Supreme Court in the case of Central Inland
Water Transport Corporation Ltd. (supra). The aforesaid case is a landmark case
relating to service contracts. On interpretation of the relevant service rule, Hon'ble
Supreme Court held that the rule empowering the Government Corporation to terminate
service of its permanent employees by giving notice or pay in lieu of notice period is
opposed to public policy and violative of Article 14 and Directive Principles contained in
Articles 39 (a) and 41 of the Constitution of India. Analyzing the provisions of the
Contract Act and the Constitution of India, Hon'ble Supreme Court struck down the
clause in the relevant Service Rule providing for termination of services of the officers by
giving them three months' notice observing that, considering the inequality in the
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bargaining power of the parties, the clause in the contract of employment was void under
Section 23 of the Contract Act as opposed to public policy besides being ultra varies
Article 14. The aforesaid decision and all other decisions relied on by the learned
counsel for the petitioner relates to contract of employment with certain power with the
employer to terminate the service of a permanent employee by giving three months'
notice or following similar methods.
Article 41 in Constitution of India [Constitution]
Section 23 in The Indian Contract Act, 1872 [Entire Act]
Article 21 in Constitution of India [Constitution]
Bank Of India & Ors vs O.P. Swarnakar Etc on 17 December, 2002
7. A proposal is made when one person signifies to another his willingness to do or
abstain from doing anything with a view to obtaining the assent of the other to such act
or abstinence (Section 2(a) of the Contract Act). Herein the O.P.G.C., by reason of the
scheme, has not expressed its willingness to do or abstain from doing anything with a
view to obtaining assent of the employee to such act. Further the power of the
O.P.G.C., as found from the scheme to accept or reject any application for voluntary
retirement is absolutely discretionary. The scheme, therefore, cannot be said to be an
offer, which, on the acceptance by the employee, would fructify in a concluded contract.
The scheme having regard to its provisions merely constitutes an invitation to treat and
not an offer. The proposal of the employee when accepted by the O.P.G.C. would
constitute a promise within the meaning of Section 2 (b) of the Contract Act. Only then
the promise becomes an enforceable contract. (See Bank of India and others vs. O.P.
Swaranakar etc., A.I.R. 2003 S.C. 858).
National Textile Corporation (M.P.) ... vs M.R. Jhadav on 24 April, 2008
Hon'ble Supreme Court in National Textile Corporation (M.P.) Ltd. vs. M.R.
Jhadav, A.I.R. 2008 S.C. 2449, has further explained the aforesaid aspect of V.R.S.
constituting a contract by holding thus :-
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