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1957 Supreme(Bom) 133

S.K.TENDOLKAR, S.T.DESAI
Pandurang Kashinath More – Appellant
Versus
Union of India, owning the Bombay Telephone Workshop, Bombay – Respondent


Advocates:
K.K. Singhvi, for Appellant; R.J. Joshi and N.A. Mody, for Respondent.

Judgement

S. T. DESAI, J. :- This appeal raises questions of far reaching consequences and the controversy relates to the true measure of the guarantee of equal opportunity in matters relating to employment or appointment to any office under the State, enjoined by Art. 16 of the Constitution. Is the constitutional guarantee confined to what is generally described as permanent employment or does it also embrace temporary employment terminable at short notice or at will ? Simultaneously arises the question: Does this concept of equality in matters of employment ensures (sic) for the benefit of the citizen not merely in case of his initial engagement but also in case of matters relating to the termination of that engagement ? The appeal is brought against a decree of dismissal passed by the learned Judge, City Civil Court in a suit filed by the plaintiff-appellant for a declaration that the order of his suspension and removal from service was void and illegal and that he continued in the services of the Bombay Telephone Workshop owned by the Defendant-Respondent, the Union of India. The plaintiff also claimed arrears of salary till date of suit, and thereafter till judgment.

2. The plai






























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