GYAN SUDHA MISRA, MARKANDEY KATJU
Transport & Dock Workers Union – Appellant
Versus
Mumbai Port Trust – Respondent
JUDGMENT
Markandey Katju, J. —
1. Leave granted.
2. Article 14 of the Constitution (the equality provision) is a slippery slope, and a fine balancing act must be done by the Court to avoid slipping down the slope.
3. As observed by Lord MacMillan in ‘Law and Ethics’ 49 Scot. L. Rev.61, 69 (1933):
“The judiciary is constantly confronted with the necessity of making a choice between a legal principle which is sought to be applied in a particular case, and the choice which it makes in the particular instance resulting inevitably in the expansion or restriction of the principle applied or rejected.”
4. The judicial process is thus not a bucket of readymade answers, but a process, or technique, for easing an endless flux of changing social tensions. This is illustrated in this case.
5. Heard learned counsel for the parties and perused the record.
6. This Special Leave Petition has been filed against the impugned judgment of the Bombay High Court dated 9th October, 2009 passed in Writ Petition No.3059 of 1999.
7. The appellants had filed a writ petition in the High Court complaining of violation of Article 14 of the Constitution on the ground that those Typist-cum-Computer Clerks who ha
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