BALBHADRA PANDEY Vs. GENERAL MANAGER N INDIAN TELEPHONE INDUSTRIES
LAWS(ALL)-2005-2-203
HIGH COURT OF ALLAHABAD
Decided on February 18,2005

BALBHADRA PANDEY Appellant
VERSUS
GENERAL MANAGER (N), INDIAN TELEPHONE INDUSTRIES Respondents

JUDGEMENT

B.S.Chauhan, J. - (1.) This writ petition has been filed by an Assistant Executive Engineer of the Indian Telephone Industries whose services stood terminated vide order dated 31st August, 1981 for a declaration that Clause (1) of Rule 36 of the Indian Telephone Industries (Conduct, Discipline and Appeal) Rules, 1975 (hereinafter referred to as the 1975 Rules) be struck down and the respondents be directed to pay the arrears of salary and other benefits to the petitioner with effect from 1st September, 1981.
(2.) The termination order dated 31st August, 1981 was also challenged by the petitioner by filing Original Suit No. 83/1982, which was dismissed by the trial Court vide judgment and decree dated 10th March, 1986. First Appeal No. 10/95 filed before this Hon'ble Court against the said judgment of the trial Court was also dismissed by a detailed judgment and order dated 29.4.1998. The review petition filed by the petitioner against the said judgment was also rejected by this Court vide order dated 9.4.2001. Feeling aggrieved by the judgment and decree dated 29.4.1998 of this Court in First Appeal No. 10/1991, the petitioner I filed Special Leave Petition No. (C) 1662/1991 which was dismissed by the Hon'ble Supreme Court vide order dated 25.10.1999 and subsequently, even his review petition was dismissed by the apex Court vide order dated 19.1.2000.
(3.) This petition has now been filed by the petitioner for a declaration that Rule 36 (1) of the Rules 1975 be struck down as it is violative of principles of natural justice and also against the order of termination of his services without giving any opportunity of hearing to the employee by giving merely one month notice or salary in lieu thereof.;


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