MODERN FOOD INDUSTRIES INDIA LTD Vs. M D JUVEKER
LAWS(GJH)-1988-1-7
HIGH COURT OF GUJARAT
Decided on January 20,1988

MODERN FOOD INDUSTRIES INDIA LTD Appellant
VERSUS
M D Juveker Respondents


Referred Judgements :-

SECRETARY HOME DEPARTMENT GOVERNMENT OF MAHARASHTRA V. BANSIDHAR AND OTHERS [REFERRED]
KERALA HIGH COURT IN UNION OF INDIA V. P. KUNHABDULLA [REFERRED]
STATE OF PUNJAB VS. AMAR SINGH HARIKA [REFERRED]
RAJASTHAN STATE ELECTRICITY BOARD JAIPUR VS. MOHAN LAL [REFERRED]
SUKHDEV SINGH THE OIL AND NATURAL GAS COMMISSION THE L 1 C LIMITED THE INDUSTRIAL FINANCE CORPN EMPLOYEES ASSOCIATION VS. BHAGATRAM SARDAR SINGH RAGHUVANSHI:THE ASSOCIATION OF CLASS II OFFICERS 0 N G C:SHYAM LAL SHARMA:THE INDUSTRIAL FINANCE CORPN [REFERRED]
SABHAJIT TEWARY VS. UNION OF INDIA [REFERRED]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED]
MANAGING DIRECTOR UTTAR PRADESH WAREHOUSING CORPORATION VS. VIJAY NARAYAN VAJPAYEE [REFERRED]
AJAY HASIA VS. KHAUID MUJIB SEHRAVARDI [REFERRED]
SOM PRAKASH REKHI VS. UNION OF INDIA [REFERRED]
P K RAMACHANDRA IYER DR Y P GUPTA DR T S RAMAN OM PRAKASH KHAUDHURI VS. UNION OF INDIA [REFERRED]
WORKMEN OF HINDUSTAN STEEL LIMITED VS. HINDUSTAN STEEL LIMITED [REFERRED]
MANMOHAN SINGH JAITLA AMIR SINGH VS. COMMISSIONER UNION TERRITORY OF CHANDIGARH:DEPUTY COMMISSIONER [REFERRED]
WEST BENGAL STATE ELECTRICITY BOARD VS. DESH BANDHU GHOSH [REFERRED]
CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED VS. BROJO NATH GANGULY / TARUN KANTI SENGUPTA [REFERRED]
O P BHANDARI VS. INDIAN TOURISM DEVELOPMENT CORPN LIMITED [REFERRED]
M D JUVEKAR VS. MODERN BAKERIES INDIA LIMITED AHMEDABAD [REFERRED]
JOSHI V. STATE OF BOMBAY [REFERRED]
DAMOMAL KAUSOMAL RAISINGHANI VS. UNION OF INDIA [REFERRED]
B.S. MINHAS VS. INDIAN STATISTICAL INSTITUTE [REFERRED]



Cited Judgements :-

ALKA SYNTHETICS LIMITED VS. SECURITIES AND EXCHANGE BOARD OF INDIA SEBI [LAWS(GJH)-1997-2-49] [REFERRED]
DHANESH B JAIN VS. DIRECTOR GENERAL APPAREL EXPORT PROMOTION COUNCIL [LAWS(GJH)-2000-7-51] [REFFERED TO]
SYMPHONY COMFORTS SYSTEMS LIMITED VS. PRADIP NANDLAL DHOOT [LAWS(GJH)-2000-7-39] [REFERRED]
MOHAN V PEDNEKAR VS. EXECUTIVE DIRECTOR H R INDIAN OIL CORPORATION LTD [LAWS(GJH)-2006-5-3] [REFERRED TO]
IFB AUTOMOTIVE SEATING AND SYSTEMS LIMITED VS. UNION OF INDIA [LAWS(CAL)-2002-5-48] [REFERRED TO]
SELVIN ABRAHAM VS. PUNJAB ALIAS SIND BANK [LAWS(KER)-2013-6-245] [REFERRED TO]
ARVINDBHAI MULUBHAI BHUTAIYA VS. AMRELI DISTRICT CENTRAL CO OP BANK LIMITED [LAWS(GJH)-1998-3-9] [REFERRED TO]
SANJEEV RAJENDRABHAI BHATT VS. STATE OF GUJARAT [LAWS(GJH)-1998-10-8] [REFERRED TO]
AMAR NATH NEOGI VS. INDIAN INSTITUTE OF TECHNOLOGY [LAWS(GJH)-2002-4-27] [REFERRED]
KAMLESH ISHWARBHAI PATEL VS. UNION OF INDIA [LAWS(GJH)-2007-9-36] [REFERRED TO]
SANDEEP A MEHTA VS. INCOME TAX OFFICER [LAWS(GJH)-2013-10-343] [REFERRED TO]
JORA RAM VS. UNION OF INDIA [LAWS(RAJ)-1998-3-103] [REFERRED TO]
LT.COL.(MRS.) SAROJ MAHANTA VS. UNION OF INDIA & ORS. [LAWS(ALL)-2003-4-304] [REFERRED TO]
SATELLITE ENGINEERING LTD VS. UNION OF INDIA [LAWS(GJH)-2000-8-110] [REFERRED]


JUDGEMENT

A.M.AHMADI - (1.)The first appellant Modern Food Industries (India) Ltd. also known as Modern Bakeries (India) Ltd. a Government Company registered under the Companies Act 1956 having its registered office at New Delhi and Units spread all over the country including Ahmedabad has filed this appeal against the order of R. C Mankad J. dated 8/10/1987 in Special Civil Application No. 1326 of 1980 (Reported in M. D. Juvekar v. Modern Bakeries (India) Ltd. 1987 (2) GLR 1375) whereby he set aside the order terminating the services of the respondent and directed his reinstatement in service with effect from 21/04/1980 the date of termination of his service with full back wages and continuity in service. Appellant No. 2 is the Chairman-cum-Managing Director of appellant No. 1. Appellant No. 3 is the General Manager of appellant No. 1 of the Ahmedabad Unit situate at Naroda Industrial Estate Ahmedabad.
(2.)The appellants have raised three contentions in this appeal. They are:
(1)Whether the Modern Food Industries (India) Ltd. a Government Company incorporated under the Companies Act falls within the definition of `the State under Art. 12 of the Constitution of India. Whether clause 2.18 of the Staff Regulations is illegal and void on the ground of being unconscionable and opposed to public policy i.e. contrary to Sec. 23 of the Contract Act as also violative of Arts. 14 and 16 of the Constitution of India ?

(2)Whether this High Court was competent to entertain the petition brought by the respondent-employee who was posted at the date of the termination of his service at the Calcutta Unit of the appellant No. 1 Company merely because communication of the termination order was received by him at Ahmedabad while on leave.

(3.)The learned single Judge has come to the conclusion that the appellant No. 1 Company was the State within the meaning of Art. 12 of the Constitution; that Regulation 2.18 of the Staff Regulations was illegal and void as violative of Sec. 23 of the Contract Act and ultra vires Arts. 14 and 16(1) of the Constitution and that this High Court had jurisdiction to entertain the petition as the consequence of the termination order fell on the respondent at Ahmedabad where he was served with the impugned order. The appellants being aggrieved by these findings recorded by the learned single Judge have preferred this appeal.
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