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1995 Supreme(Cal) 66

SATYABRATA SINHA
THAKUR MAJHI – Appellant
Versus
CHAIRMAN-CUM-MANAGING DIRECTOR, EASTERN COALFIELDS LTD. – Respondent


Advocates Appeared:
Arunaba Ghosh, Ranajit Talukdar

SATYABRATA SINHA, J.

( 1 ) THE petitioners in this application, have questioned an order of termination of service passed by Eastern Coalfields Limited; The petitioner No. 1 is a workman. His remedy, therefore, in my opinion, is to raise an industrial dispute under the provisions of the Industrial Disputes Act.

( 2 ) MR. Ghosh appearing on behalf of the petitioners submits that existence of an alternative remedy only would not preclude this Court from exercising its jurisdiction under Article 226 of the Constitution of India if it can be shown that the impugned order suffers from non-compliance with the principles of natural justice and/or lack of jurisdiction. Under the general law of master and servant no contract of personal service can be enforced. Three exceptions have been carved out namely - (i) when the petitioner enjoys a status and his service conditions are protected under Article 311 of the Constitution of India; (ii) if he is an employee of a statutory corporation, and an order of dismissal is passed in violation of the mandatory provisions of any statutory rule governing the conditions of service; (iii) workman whose conditions of service are governed under the Indu


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