G.M.LODHA J. -
(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.'
The legal debate now is multifacets but the triology is Articles 14, 16 and 43A of the Constitution. The precedent triology consists of Motiram Deka 1964 -II L.L.J. 467 of Apex Court - interpreted by Murthys 1982 -I L.L.J. 268 enunciation of Karnataka and Makalu 1983 Lab. IC 350 of Bombay with Amarsing 1980 -21 Guj. LR 500 of Gujarat. To understand and appreciate the various dictums of law from Shyamalal : (1954)IILLJ139SC to Air Hostess 1981 Lab IC 1313 (SC), we have to travel through plethora of decisions of Apex Court and yet we are not wiser, as in 1981, we have been taking inspiration from 1946 models of British concepts, with sometimes useful but mostly futile exercise of scanning decisions and yet adopting old out -lived models even on new horizons.
(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.