SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1984 Supreme(Raj) 292

G.M.LODHA, N.M.KASLIWAL, K.S.SIDHU
Bhanwarlal – Appellant
Versus
Rajasthan State Road Transport – Respondent


Judgement Key Points

Certainly. Here are the relevant paragraphs addressing stigmatic and non-stigmatic terminations:

Stigmatic Termination:
" (!) : The order of termination in many cases is made in a manner that attaches a stigma to the employee, often without proper inquiry or adherence to due process. Such stigmatic dismissals, especially when done arbitrarily or summarily, violate the principles of equality and fairness enshrined in the Constitution. These dismissals tend to tarnish the reputation of the employee and are considered unlawful when they are made without following the prescribed procedures or without giving the employee an opportunity to defend himself."


JUDGMENT

1. - Durante bene placito' ruled the world with waves of 'laissez faire' up to 19th century, Political as well as Industrial revolutions brought new tides of workers emancipation from exploitation resulting in new concepts of 'status', 'security of service", 'releases from bonded labour'. Not to talk of Karl Marx or Lenin, even Abraham Lincoln and Roosvelt pleaded for 'Dignity of Labour', 'Equality', Dueprocess of law, and that resulted in New Deal Legislations, Inspired by Mahatma Gandhi, the Founding fathers of the great Indian constitution brought the dream of 'Ravi' true when preamble of the 'Socialist Republic of India' embodied 'Equality' of status' and 'opportunity'. Justice, 'social, economic and political' targets 'followed' by Directives and fundamental rights of equality in Article 14 and equal opportunity in services in Article 16.

2. Articulation of 14 and 16 in 1948 and 43A in 1976, whether gave death blow to 'durante bene placito' is even now a billion dollar question, as the Model Standing Order's ideal, even in 1983 is Clause 13 of Pre-Constitution origin of 1946 under which an employer can "Hire and Fire' any permanent employee of 'status.'

3. The legal deb










































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top