HARMOHINDER SINGH Vs. KHARGA CANTEEN AMBALA CANTT
LAWS(SC)-2001-7-47
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on July 09,2001

HARMOHINDER SINGH Appellant
VERSUS
KHARGA CANTEEN,AMBALA CANTT Respondents

JUDGEMENT

Ruma Pal, J. - (1.) Leave grated.
(2.) The basic question which arises in this appeal is whether an employee's service can be terminated in accordance with the Standing Orders introduced subsequent to his entering a service. The employee is question is the appellant. The employer is the respondent canteen which, according to the respondent, is a non-profit social welfare institution meant for defence personnel both serving and retired. The appellant was appointed as a salesman by the respondent canteen on 1st June, 1974 and subsequently as a cashier on 9th August, 1975. The letter of appointment and the Standing Orders, inter alia, provided that the service of the appellant could be terminated by one month's notice by either party. The Standing Orders also provided that the "services of all canteen employees will be on temporary basis extendable on six monthly basis".
(3.) In 1988 Para 3-A was introduced in the Standing Orders of the respondent. It provided "a) Maximum age limit for an employee is 60 years. b) Maximum permissible service for an employee is 15 years. c) The service of an employee will be automatically relinquished based on completion of age limit or maximum permissible service whichever occurs first. d) One months pay and allowance will be given to the individual once his services are relinquished." ;


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