Court : Supreme Court of India
Decided on : May-04-1990
Reported in : [1991(61)FLR73]; JT1990(2)SC490; (1990)IILLJ70SC; 1990(1)SCALE878; (1990)3SCC682; [1990]3SCR111; 1990(2)LC293(SC); (1990)3UPLBEC2119
..... of october, 1953. besides introducing the definitions of 'lay-off [clause 2(kkk)] and 'retrenchment [clause 2(oo)] this amendment act of 1953 also inserted chapter va in the act which dealt with 'lay-off and 'retrenchment'. that chapter contained sections 25a to 25j. section 25a provided that sections ..... depart from a previous decision where it is right to do so and where adherence to a previous decision may lead to injustice in a particular case. constitutional and administrative law are not fields where it is of particular importance to adhere to precedent. a recent precedent may be more readily departed from that one which is of ..... house as normally binding, to depart from a previous decision when it appears right to do so.in this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangments have been entered into and also the special need for certainty as to the ..... to this court.c.a.no. 1866 of 19829. the workman respondent no. 2 reported for artisan training on 25.9.1963 and was absorbed as artisan trainee on 16.3.1964. he was made a skilled machine operator, under the appellant company and was discharged with effect from 23.7 ..... l.p. (c) no.3149 of 1983]7. the services of the workman sri parlay singh, driver respondent no. 3 were terminated with effect from 18.10.1974 under clause 9(a)(i) of the drta (conditions of appointment and service) regulations, 1952. as the conciliation efforts failed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-13-1990
Reported in : AIR1990SC1782; JT1990(3)SC174; (1991)ILLJ191SC; 1990(2)SCALE44; (1990)4SCC207; [1990]3SCR352; (1990)2UPLBEC1257
..... no. 5973/88 of the government in the case of union of india v. ghansham das and ors. against the judgment of the central administrative tribunal, bombay. the tribunal had held the same notifications as were impugned herein to be discriminatory and had directed that a ..... retirement benefits and consequently enhancement in pensionary benefits, the date for giving option was further extended by 28.2.1983 only for these employees who were in service on 31.8.1982 and who quitted/retired on or after tha ..... may decide the same as they deem fit.56. in the report of the fourth central pay commission, in chapter 9 the commission has discussed the state railway provident fund scheme including contributory provident fund scheme ..... 's duty to spell out with difficulty a ratio decidendi in order to bound by it, and it is always dangerous to take one or two observations out of a long judgment and treat them as if they gave the ratio ..... as under.government of india/bharat sarkar ministry of railways/rail mantralaya (railway board)machine no. pc-iv/87/13/881no. pc-iv/87/imp. pw ..... the unconstitutional part it is declared that all pensioners governed by the 1972 rules and army pension regulations shall be entitled to pension as computed under the liberalised pension scheme from the specified date, irrespective of ..... to be raised from rs. 675 per month to rs. 1,000 per month. before the government acted upon it, the third central pay commission did not examine the question of relief to pensioners because .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-04-1990
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... that the power to withhold largess has been asserted by the state in four areas i.e., (1) regulating the right to engage in certain activities; (2) administration of government welfare programme; (3) government employment; and (4) procurement of contracts. it was further adumberated at ..... then the court cannot go further.317. craie's statute law, seventh edition in chapter 5, at page 64 it is stated that where the words of an act are clear, there is no need for applying any of the principles of interpretation which are merely presumptions in ..... expressions used to say what was left unsaid. this is a power which is an important branch of judicial power, the concession of which it taken to the extreme is dangerous, but denial of that power would be ruinous and this is not contrary to the expressed intention of the legislature or the implied purpose of the legislation. it was not as ..... statutory law arbitrarily take away or abridged or abrogated it? in board of trustees, port of bombay v. dilip kumar : (1983)illj1sc : air 1983 sc 109 this court held that the expression 'life' does not merely connote animal existence or a continued ..... a particular enactment is the handy work of a bureaucratic machine produced at the behest of a power lobby controlling the corridors of power in a particular situation. this takes the methodical shape of the 'intention of the people' in the form of legislation. again, very often, the bureaucratic machine is not able to correctly and properly transmute what was .....
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