SAMBUDDHA CHAKRABARTI, J. - (1.) "May we not say that in civilized society men must be able to assume that those with whom they deal in the general intercourse of society will act in good faith? If so, four corollaries will serve as the bases of four types of liability. For it will follow that they must be able to assume (a) that their fellow men will make good reasonable expectations created by their promises or other conduct, (b) that they will carry out their undertakings according to the expectation which the sentiment of the community attaches thereto, (c) that they will conduct themselves with zeal and fidelity in relations, offices, and callings and (d) that they will restore in specie or by equivalent what comes to them by mistake or unanticipated situation whereby they receive what they could not have expected reasonably to receive under such circumstances."
(2.) -Roscoe Pound - An Introduction to the Philosophy of Law (Yale University Press - Third Indian Reprint, 2003); p. 105 These two writ petitions have been heard together as the respective petitioners therein challenged the same order, though on very different grounds. Thus the object of challenge is the same with different reasons. M/s. GKW Ltd., the petitioner in the first writ petition, is a company registered under the Companies Act. Sri Shushil Basak, the petitioner in the other writ petition, is an ex -employee of the said company.
(3.) The case of the company in the first petition in short is that it declared a suspension of work in a certain division with effect from August 30, 1998 by a notice of the preceding date. Suspensions of operation of other divisions were also declared with effect from November 13, 2000. The company states that in the notice declaring suspension of work it was mentioned that no workman/employee, other than the wage and ward staff and Fire Brigade Department, shall be eligible for any wages/salary and/or any other allowances from the time of suspension of works.;