LAWS(RAJ)-1984-3-15

BHANWARLAL Vs. RAJASTHAN STATE ROAD TRANSPORT

Decided On March 12, 1984
BHANWARLAL Appellant
V/S
RAJASTHAN STATE ROAD TRANSPORT Respondents

JUDGEMENT

(1.) DURANTE bene placito' ruled the world with waves of 'laissez faire' up to 19th century, Political as well as Industrial revolutions brought new tides of workers emancipation from exploitation resulting in new concepts of 'status', 'security of service', 'releases from bonded labour'. Not to talk of Karl Marx or Lenin, even Abraham Lincoln and Roosvelt pleaded for 'Dignity of Labour', 'Equality', Dueprocess of law, and that resulted in New Deal Legislations, Inspired by Mahatma Gandhi, the Founding fathers of the great Indian constitution brought the dream of 'Ravi' true when preamble of the 'Socialist Republic of India' embodied 'Equality' of status' and 'opportunity'. Justice, 'social, economic and political' targets 'followed' by Directives and fundamental rights of equality in Article 14 and equal opportunity in services in Article 16.

(2.) ARTICULATION of 14 and 16 in 1948 and 43A in 1976, whether gave death blow to 'durante bene placito' is even now a billion dollar question, as the Model Standing Order's ideal, even in 1983 is Clause 13 of Pre -Constitution origin of 1946 under which an employer can 'Hire and Fire' any permanent employee of 'status.'

(3.) NO one can tolerate gross indiscipline, corruption scandals, violent and rowdism in 'Boss chambers' or Corporation corridors and Courts can ill -afford to encourage them bordering on abetment. But veiled, camouflaged and masked actions of termination simpliciter in such cases whether raise eyebrows of 'rule of law', 'natural justice' patronagists is important facet in such 'endeavours' termination, in an economy cursed by massive unemployment may be termed as a draconian measure of last resort. 'Causa causans' of misconduct needs enquiry and not 'termination simpliciter' under Standing Orders and the Court can unveil and unmask the hidden foundation by removing plaster of 'innocuous' camouflage.