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1984 Supreme(Raj) 292

RAJASTHAN HIGH COURT AT JAIPUR BENCH
G.M.Lodha, N.M.Kasliwal, Dr.K.S.Sidhu, JJ.
Bhanwarlal and Ors. - Appellant
Versus
Rajasthan State Road Transport - Respondent
F.B.C.W.P. No. 1108 of 1982 and 38 other writ Petition.
Decided On : 12-03-1984

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 debate now is multifacets but the triology is Articles 14, 16 and 43A of the Constitution. The precedent triology consists of Motiram Deka 1964-II L.L.J. 467 of Apex Court - interpreted by Murthys 1982-I L.L.J. 268 enunciation of Karnataka and Makalu 1983 Lab. IC 350 of Bombay with Amarsing 1980-21 Guj. LR 500 of Gujarat. To understand and appreciate the various dictums of law from Shyamalal to Air Hostess 1981 Lab IC 1313 (SC), we have to travel through plethora of decisions of Apex Court and yet we are not wiser, as in 1981, we have been taking inspiration from 1946 models of British concepts, with sometimes useful but mostly futile exercise of scanning decisions and yet adopting old out-lived models even on new horizons.

4. No one can tolerate gross indiscipline, corruption scandals, violent and rowdism in 'Boss chambers' or Corporation corridors and Courts can ill-afford to encourage them bordering on abetment. But veiled, camouflaged and masked actions of termination simpliciter in such cases whether raise eyebrows of "rule of law", "natural justice" patronagists is important facet in such 'endeavours' termination, in an economy cursed by massive unemployment may be termed as a draconian measure of last resort. 'Causa causans' of misconduct needs enquiry and not 'termination simpliciter' under Standing Orders and the Court can unveil and unmask the hidden foundation by removing plaster of 'innocuous' camouflage.

5. 'Loss of confidence' of employer, whether consists of the same old wine of 'service at pleasure' in the 'new bottle' and whether it can be used as 'Allahdins lamp' again to 'hire and fire' and demolish and diminish 'status' to pure 'master and servant' "contract" is yet another dimension of this debate?The new Industrial jurisprudence of the 'Third world' whether articulates, recognises or postulates "security of service" to workmen is a broad issue, which also has got reflection in the present controversy of 39 workmen of Roadways Corporation, all of whom have been bid "Goodbye" by unceremonious overnight, sack, without being told, "why so" and "why this homicidal lottery draw against them only"? In rule of law whether such powers are autocratic despotic and yet no exception can be taker, to them due to limitations of Article 311? If so whether Chapter V-A of the I.D. Act occupies this field making Clause 13 redundant is yet another important highlight of it.

6. According to Krishna Iyer, J., in Gujarat Steel Tubes Ltd. v. Its Mazdoor Sabha 1980-L.L.J. 137:AIR 1980 SC 1896 "the jurat resolution of labour disputes must be sought in the law-life complex, beyond the factual blinkers, of decided cases, beneath the lexical littleness of statutory texts, in the economic basics of industrial justice which must enliven the consciousness of the C








































































































































































































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