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september 1986

Supreme Court of India · 1986-09-26

O.P.BHANDARI vs INDIAN TOURISM DEVELOPMENT CORPN.LTD&ORS

Citation / case number
SC 1986/67411
Court
Supreme Court of India
Petitioner
O.P.BHANDARI
Respondent
INDIAN TOURISM DEVELOPMENT CORPN.LTD&ORS
Author
M.P. THAKKAR
Bench
M.P. THAKKAR

Judgment text excerpt

The Supreme Court held that Rule 31(v) of the Indian Tourism Development Corporation (Conduct, Discipline and Appeal) Rules, 1978, which allows termination of services by giving 90 days' notice or pay in lieu, is unconstitutional as it violates Articles 14 and 16(1) of the Constitution of India. The Court emphasized that an employee's tenure cannot be subject to arbitrary termination without adherence to principles of fairness and non-discrimination. The appeal was allowed, declaring the rule void and reinforcing the need for justifiable grounds for termination in public sector employment.

O.P.BHANDARI vs INDIAN TOURISM DEVELOPMENT CORPN.LTD&ORS · Niyam