ORIENT CERWOOL LIMITED Vs. SURENDRANAGAR JILLA SHRAMJIVI SANGH

JUDGEMENT

(1.) Learned advocate Mr.D.M.Thakkar has appeared for the petitioner. Learned advocate Ms. Shah has appeared for the respondent Sangh.

(2.) The doctrine of absolute freedom of contract has, thus, to yield to the higher claims for social justice. The right to dismiss an employee is also controlled subject to well recognized limits in order to guarantee security of tenure to industrial employees.

(3.) It is too late in the day now to stress the absolute freedom of an employer to impose any condition which he likes on labour. It is always open to industrial adjudication to consider the conditions of employment of labour and to vary them if it is found necessary, unless the employer can justify an extraordinary condition. It is important to remember that just as the employer's right to exercise his option in terms of the contract has to be recognized so is the employees' right expect security of tenure to be taken into account.