Terminating service without show cause notice– When a case can be decided without striking down the law but giving the relief to the petitioners that course is always better than striking down the law.
Where the requirement of serving show cause notice is specifically excluded by the service regulation or the contract of employment, it cannot be said that there is a breach of the principle of natural justice or that the action taken in terminating the service is arbitrary. Hence, we are of the view that regulation 61 (2) is not ultra vires the Constitution. However, the termination notice is not in accordance with regulation 61(2) and hence it is unlawful. ...Palli Daridra Bimochon Foundation =VS= Md. Jahangir Alam, (Civil), 2021(1) [10 LM (AD) 22] ....View Full Judgment

Termination of service of temporary employee and payment of gratuity—
The authority of the Palli Daridra Bimochan Foundation has the right to terminate the service of temporary employee appointed in a project either on giving three"months notice or payment of three months basic salary. Such provision as contained in Regulation 61(2) is not violative of the fundamental rights. The Appellate Division however held the temporary employees who rendered more than three years service will'be entitled to gratuity. Mir Sattnniddiir and three others Vs. Palli Daridra "Bimochan foundation, represented In/ the Managing Director and another 14 MLR (2009) (AD) 278.