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1961 Supreme(Bom) 5

TAMBE, GOKHALE
S. Vasudevan – Appellant
Versus
S. D. Mital – Respondent


Advocates:
In Misc. Petn. No.248 of 1960; K.K. Singhvi with C.J. Sawant, for Petitioner; Porus Mehta with R.J. Joshi, for Respondents.
In Misc. Petn. No.254 of 1960; K.K. Singhvi with D.S. Nargolkar, for Petitioner; Porus Mehta, for Respondents.
In Misc. Petn. No.255 of 1960; K.K. Singhvi with C.J. Sawant for Petitioner; Porus Mehta, for Respondents.
In Misc. Petn. No.256 of 1960; K.K. Singhvi with K.S. Ramasvvami, for Petitioner; R.J. Joshi for Respondents.

Judgement

TAMBE, J.:-These four Petitions have been placed before us for hearing on being referred to by Mr. Justice K.K. Desai. These four petitions give rise to some common questions of law and can conveniently be disposed of by a common judgment. In the first two petitions, M.P. Nos.248 and 254 of 1960, constitutionality of the Essential Services Maintenance Ordinance, 1960, No.1 of 1960, promulgated by the President has been challenged, while in the other two petitions, M.P. Nos.255 and 256 of 1960, constitutionality of Rule 4(A) and rule 4(B) of the Central Civil Services (Conduct) Rules, 1955, has been challenged. The questions raised are of considerable importance.

2. Facts giving rise to these petitions may be briefly stated. In exercise of the powers conferred by clause (1) of Article 123 of the Constitution, the President of India promulgated an Ordinance called "Essential Services Maintenance Ordinance, 1960", hereinafter referred to as the Ordinance. It is in the following terms:-

"The Essential Services Maintenance Ordinance, 1960.

No.1 of 1960.

Promulgated by the President in the Eleventh Year of the Republic of India.

An Ordinance to provide for the maintenance of certa





















































































































































































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