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1990 Supreme(SC) 493

SABYASACHI MUKHARJEE, B.C.RAY, K.RAMASWAMY, L.M.SHARMA, P.B.SAWANT
DELHI TRANSPORT CORPORATION – Appellant
Versus
D. T. C. MAZDOOR CONGRESS ANB – Respondent


JUDGMENT

SABYASACHI MUKHARJI, J.

( 1 ) ). These civil appeals, special leave petitions and civil miscellaneous petitions deal with the question of constitutional validity of the right of the employer to terminate the services of permanent employees without holding any inquiry in certain circumstances by reasonable notice or pay in lieu of notice. The facts involved in these matters are diverse but the central question involved in all these is one, i. e. whether the clauses permitting the employers or the authorities concerned to terminate the employment of the employees by giving reasonable notice or pay in lieu of notice but without holding any inquiry, are constitutionally valid and, if not, what would be the consequences of termination by virtue of such clauses or powers, and further whether such powers and clauses could be so read with such conditions which would make such powers constitutionally and legally valid ? In order to appreciate the question the factual matrix of these cases so far as these are relevant for the determination of the aforesaid questions, will have to be borne in mind in the light of the actual legal provisions involved in the respective cases.

( 2 ) ). It
















































































































































































































































































































































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