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1996 Supreme(Raj) 139

N.L.TIBREWAL
J. K. Goyal – Appellant
Versus
Jaipur Metals and Electricals Limited – Respondent


Advocates Appeared:
Ajay Rastogi, for Petitioner C.N. Sharma, for Respondent Ashok Bansal, Caveator

Honble TIBREWAL, J. – In this petition under Article 226 of the Constitution of India, the petitioner is challenging the order terminating his service and the validity of condition No. 16 contained in the appointment letter dated, October 15, 1984, which is stated by the respondent company (hereinafter to be referred to as the ``Management) to be the contract of employment.

The vital question for consideration in this petition, therefore, is – Whether condition No. 16 of the letter of appointment dated, October, 15, 1984, empowering the Management to terminate services of an employee without assigning any reason by mere giving one months notice or pay in lieu of notice, is arbitrary, unreasonable and constitutionally invalid?

(2). The necessary facts of the case for decision of the writ petition are in a narrow compass. The petitioner joined service of the respondent M/s. Jaipur Metals and Electrical Ltd. as Clerk in the year 1963, since then, except for a short break of few days, he continued in service till April 1995. After joining service in the year 1963, his resignation was accepted by the Management on October 5, 1984, but he was again taken in service on October 15, 1984 as a





















































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