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1976 Supreme(Del) 114

AVADH BEHARI ROHATGI
K. S. BANSAL – Appellant
Versus
INDIAN AIRLINES – Respondent


Advocates Appeared:
G.B.Rai, G.D.GUPTA, J.N.AGARWAL, O.C.MATHUR

AVADH BEHARI ROHATGI

( 1 ) THIS case raises a point of widespread application. The question is about the powers of the statutory corporations to terminate the services of their employees.

( 2 ) THE petitioner joined the Indian Airlines Corporation on 20th October, 1955 as an office assistant. Since then he had been working there. In October, 1973 there was a general strike in the Corporation. On 24th November, 1973 the Corporation declared a lock-cue. On 18th December, 1973 lock-out was lifted. But in December, 1973 the Corporation demanded an undertaking from its employees and those who were prepared to give an undertaking in the prescribed form could join service.

( 3 ) ON 24th December, 1973 the petitioner gave an undertaking in the form demanded. But he however added the following in the undertaking:

"i save all my previous claims, on reciprocal basis and in accordance with the law of the land". Apparently this undertaking was not accepted and he was not taken back in service.

( 4 ) IN March, 1974 the petitioner brought a writ petition (No. 357 of 1974) with regard to his claim for promotion.

( 5 ) ON 20th June, 1974 he filed the present writ petition. Here he claimed that the un














































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