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1981 Supreme(Kar) 362

M.RAMA JOIS
T. G. SRINIVASA MURTHY, ETC. , ETC. – Appellant
Versus
BHARAT EARTH MOVERS LTD. ETC. , ETC. – Respondent


Rama Jois, J.

( 1 ) THREE important questions arise for consideration in these four writ petitions. They are :

1. Whether, (i) The Bharat Farth Movers Limited; (ii) The Hindustan Machine Tools Limited; (iii) The Karnataka Agro Industries Corporation Limited, which are companies incorporated under the Companies Act, 1956 (Central Act 1/1956) and are Government companies as defined in S. 617 of the said Act, fall within the meaning of the word 'state' as defined in Art. 12 of the constitution of India ?

( 2 ) WHETHER (i) Rule 17. 2 of The Bharat Earth Movers Limited Service Rules;

(ii) Rule 20. 1 of the Hindustan machine Tools (Conduct, Discipline and Appeal) Rules; (iii) Rule 2. 21 of the Karnataka Agro-Industries Corporation Limited (Recruitment and promotion) Rules; and

(iv) Regulation 25 (2) of the Reserve Bank of India (Staff) Regulations, 1948, (hereinafter referred to as 'the impugned Rules' O providing for termination of service of its permanent employees, by a simple notice, at any time, without fixing any period of service or age after which such power could be exercised, as also the orders of termination of service made under impugned rules, are violative of Art. 14 and 16








































































































































































































































































































































































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