Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract of employment Instrumentality and agency of Government Judicial Review |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India, 1950 -Art. 12 - Instrumentality and agency of Government - Determination - Criteria - Discussed and held: The Company in question is an authority u/Art. 12. Contract - Contract of employment - Amenability to judicial review - Held: Unfair, untenable, irrational or unjust clause in a contract hit by s.23 of Contract Act and against public policy, is amenable to judicial review - In the present case employment contract providing termination of service of employee at the sole discretion of the employer is not justifiable - Hence the contract held void to that extent - Contract Act - s. 23 - Judicial Review. Service Law - Termination of Service - By the State or State instrumentality - As per clause in appointment letter providing sole discretion to the employer to terminate the services of employees - Held: State itself or a State instrumentality cannot impose unconstitutional conditions in statutory rules/regulations vis-a-vis its employees, in order to terminate the services of its permanent employees in accordance with such terms and conditions - The alleged clause of the appointment letter is unconscionable and thus Service Condition Rules held violative of Art. 14 of the Constitution to this extent. Words and Phrases: 'Control' and 'Pervasive control' - Meaning of. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 112 |
Petitioner | Balmer Lawrie & Co. Ltd. & Ors. |
Respondent | Partha Sarathi Sen Roy & Ors. |
SCR | [2013] 4 S.C.R. 1018 |
Judgement Date | 2013-02-20 |
Case Number | 419-426 |
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