Regulation 61(2)
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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
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Palli Daridra Bimochon Foundation =VS= Md. Jahangir Alam |
10 LM (AD) 22 |
Regulation 61(2)
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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.
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Mir Sattnniddiir and three others Vs. Palli Daridra "Bimochan foundation, represented In/ the Managing Director and another |
14 MLR (AD) 278 |