lien under Clause 18(ii) of
the certified Standing Orders of the company and the
said confirmation of loss of lien leads to termination ... lien. Loss of lien has been
provided under clause 18(ii) of the certified Standing
Orders which reads thus:
"18. Termination of Employment
technical
resignation has been clearly defined. The expression of
'termination of lien' has been explained in clause 9 and
it reads ... without a lien
upon a permanent post. Unless his lien is
transferred, a Government servant holding
substantively a permanent post retains lien
on that post
Corpn. v. Purnendu Chakrobarty where it
was held that for termination of a "lien", no detailed enquiry
was necessary and that if that ... rule in that case which specifically provided
that for "termination of a lien", a regular enquiry was not
necessary. That case cannot therefore
intimated the workman about his having lost lien of his job leading to termination of his services. Workman raised an industrial dispute in this regard ... contended that once the termination was justified before the Labour Court it related back to the Management's order of termination of services
retain lien in terms of the KCS Rules.
14. The issue involved in this writ petition is,
whether petitioner can retain lien over the original ... which defines "LIEN"
reads as follows:
"Lien" means the title of a Government
servant to hold Termination of service and
resignation
also a
lien on the movables in the unit that was leased out to the 2nd
respondent. The termination notice had already been given ... accepted the
termination of lease. Once having accepted the termination of
lease nothing remained thereafter, as in terms of acceptance of
termination of lease
CLAUSE NO.22(ii) - "TERMINATION OF SERVICE AND
DISCHARGE - ABSENCE MORE THAN 10 DAYS - LOSS OF LIEN ON
EMPLOYMENT". p. CLAUSE ... viii) dealing with
termination of service and discharge, it was submitted in
private service there was no lien to any particular post,
therefore certifying authority
intimated the workman about his having lost lien of his job leading to termination of his services. Workman raised an industrial dispute in this regard ... that once the termination was justified before the Labour Court it related back to the Management's order of termination of services
other than permanent absorption. The
lien on a permanent post can only be terminated, if
the employee acquires a lien or another permanent ... post outside their original cadre or if the termination
does not leave the employee without a lien or
suspended lien on a permanent post
issue involved in this writ petition is,
whether petitioner can retain lien over the original
appointment after she resigns from the post and
secures another ... which defines "LIEN"
reads as follows:
"Lien" means the title of a Government
servant to hold Termination of service and
resignation
