JAIVEER SRIVASTAVA Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Exemption allowed subject to all just exceptions. Application stands disposed of.

(2.) The learned Single Judge, had noted that the employment between the parties was governed by the terms of employment and clause 1.1 thereof, stipulated that the services of the appellant can be terminated by giving a three months notice or on payment of three months salary in lieu thereof.

(3.) Mr. Dayan Krishnan, learned Senior Counsel appearing for the appellant would submit that the learned Single Judge has erred in relying upon clause 1.1 of the terms and conditions of appointment, inasmuch as such a stipulation is unconscionable and held to be illegal in terms of the judgments of the Supreme Court in the cases Central Inland Water Transport Corporation Limited and Anr v. Brojo Nath Ganguly and Anr (1986) 3 SCC 156 ; DTC v. DTC Majdoor Congress AIR 1991 SC 101 ; Balmer Lawrie and Co. Ltd. And Ors v. Partha Sarathi Sen Roy and Ors (2013) 8 SCC 345 .