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december 1981

Supreme Court of India · 1981-12-08

R.S. MAKASHI & ORS. vs I.M. MENON & ORS.

Citation / case number
SC 1980/63318
Court
Supreme Court of India
Petitioner
R.S. MAKASHI & ORS.
Respondent
I.M. MENON & ORS.
Author
V. BALAKRISHNA ERADI
Bench
V. BALAKRISHNA ERADI

Judgment text excerpt

The Supreme Court addressed the validity of the Bombay Rationing Organisation (Fixation of Seniority) Rules, 1968 under Article 309 of the Constitution, which governs the seniority of employees in the BRO. The Court held that the rules, which provided for retrospective effect and specific criteria for seniority determination, were valid and did not infringe upon the fundamental rights of the employees. The Court clarified that delays in filing writ petitions could not be dismissed on grounds of laches if the infringement of rights was established.

R.S. MAKASHI & ORS. vs I.M. MENON & ORS. · Niyam