SATYAPAL Vs. WOOL AND WOOLLEN EXPORT PROMOTION COUNCIL

JUDGEMENT

(1.) THIS appeal is preferred against the decision of the writ judge given on September 11, 1984. The writ petition was one whereunder, the appellant original petitioner challenged the termination order dated April 21, 1981, issued to him by the 1st respondent purporting to act under r. 24 of the Service Rules. By an amendment made at the stage of appeal, the appellant has impugned the vires of the said rule on the ground that it is inconsistent with Art. 14 of the Constitution of India and hence ultra vires.

(2.) THIS contention of the appellant is required to be upheld in view of the recent decision of the Supreme Court in Central Inland Water Transport Corporation Ltd. vs. B. N. Ganguly (1986) 53 FLR 523 (SC). Rule 24, which is challenged before us, is identical with the rule which was under consideration by the Supreme Court and following the Supreme Court's decision, we will have to declare the said rule invalid. If that be so, it would follow that the termination order issued under the said rule, without any inquiry or hearing, will be improper and will have to be set aside. Once the termination order is set aside, the usual consequences as set out by the Supreme Court, namely, reinstatement with full back wages and other attendant benefits on the footing that the appellant was in continuous service from April 21, 1981, till reinstatement must follow.

(3.) WHEN this was pointed out, Mr. Shetye, who appears today on behalf of the appellant, informs us that the appellant is prepared to give up his employment with the 1st respondent with effect from today itself but without affecting his claims for full back wages and other terminal benefits on the footing of the continuity of service to be calculated up to August 14, 1986. He further informs us that during this period, that is, between April 21, 1981, and today, the appellant has earned about Rs. 21,200 from other employments. We think, the amount to be paid to the appellant under this order should be reduced to the round figure of Rs. 21,000. It is made clear that, although unnecessary to do so, the full back wages would include all allowances and if the appellant resigns today, the terminal benefits have to be computed as if the appellant was in service till today.