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2010 Supreme(Mad) 1685

K.CHANDRU
TASMAC Paniyalargal Sangam (AITUC), Rep. By its President – Appellant
Versus
The Tamil Nadu State Marketing Corporation Limited, Rep. by its Chairperson, Chennai – Respondent


Advocates Appeared:
For the Petitioner:L. Chandrakumar, Advocate.
For the Respondents:J. Ravindran, Advocate.

Judgment :-

1. The writ petition is filed by a trade union of employees engaged by respondents TASMAC. They have come forward to challenge the Service Rules framed by the respondent TASMAC with reference to the employees engaged by them. The union is aggrieved by Rule 11, which reads as follows:

11.TERMINATION OF SERVICES: In the event of the Corporation not having any further need of any employees services, the appointing authority can dispense with the services of an employee as follows:-

(i) in the case of a temporary employee with immediate notice of termination.

(ii) in the case of probationer and regular employees of Class IV, 30 days notice or salary in lieu thereof.

(iii) in the case of a regular member of staff other than Class IV, 90 days notice or salary in lieu thereof.

The decision of the Corporation will be final in this respect and shall not be questioned by the employee.

Provided that nothing in these regulations will affect the right of the Corporation to dismiss or remove from service any employee for neglect of duty or for misconduct without notice or salary in lieu thereof.

According to the petitioner Union, the Rules are arbitrary and unconstitutional.

2. Thi


















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