Karim Vs. Divisional Railway Manager & Ors.
EmailAppeal: Civil Appeal No.1518 of 1988 .
(Arising out of SLP (C) No. 12845 of 1988)
(Arising out of SLP (C) No. 12845 of 1988)
Petitioner: Karim
Respondent: Divisional Railway Manager & Ors.
Apeal: Civil Appeal No.1518 of 1988 .
(Arising out of SLP (C) No. 12845 of 1988)
(Arising out of SLP (C) No. 12845 of 1988)
Judges: RANGANATH MISRA & MURARI MOHON DUTT,JJ
Date of Judgment: Apr 19, 1988
Head Note:
SERVICE
Termination – Order of termination quashed.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. Heard learned council for the appellant and learned Additional solicitor General for the respondent. In the peculiar facts and circumstances of the case, we are of the view that the notice of termination given on 21st July, 1987 should not be enforced. In fact in paragraph 20 of the counter affidavit the stand taken by the respondent is that the appellant is still continuing in service inspite of that notice. We would accordingly set aside the decision of the Tribunal and vacate the order of termination dated 21st July, 1987, and as a special case direct that the appellant shall be deemed to be continuing in employment. He would be entitled to his wages from July, 1987 till date, the appeal is accordingly disposed of. No costs.
1. Special leave granted.
2. Heard learned council for the appellant and learned Additional solicitor General for the respondent. In the peculiar facts and circumstances of the case, we are of the view that the notice of termination given on 21st July, 1987 should not be enforced. In fact in paragraph 20 of the counter affidavit the stand taken by the respondent is that the appellant is still continuing in service inspite of that notice. We would accordingly set aside the decision of the Tribunal and vacate the order of termination dated 21st July, 1987, and as a special case direct that the appellant shall be deemed to be continuing in employment. He would be entitled to his wages from July, 1987 till date, the appeal is accordingly disposed of. No costs.
