1978 (11) TMI 156 - SC - Indian Laws

Summary

Issues Involved:
1. Termination of a temporary employee without notice.
2. Alleged violation of Articles 14 and 16 of the Constitution.
3. Hostile discrimination and arbitrary treatment.
4. Applicability of service conditions and contractual terms.

Summary:

1. Termination of a Temporary Employee Without Notice:
The respondent, Belliappa, was appointed as a temporary Junior Compositor in the Government Branch Press, Mercara. His employment was temporary and terminable at any time without notice. On January 3, 1967, his service was terminated without assigning any reason, as per the conditions of his temporary appointment.

2. Alleged Violation of Articles 14 and 16 of the Constitution:
The High Court held that the termination contravened the guarantee of equal treatment embodied in Article 16. The Supreme Court upheld this, stating that Articles 14 and 16(1) apply even to temporary employees if they are arbitrarily discriminated against. The Court emphasized that discretion must be exercised with reason and fairness, not capriciously, and arbitrary termination constitutes denial of equal protection.

3. Hostile Discrimination and Arbitrary Treatment:
Belliappa alleged hostile discrimination, stating that three other temporary Junior Compositors, junior to him, were retained while he was terminated. The appellant did not rebut these allegations or provide any special reason for the differential treatment. The Court found that the termination was arbitrary and not based on unsuitability or unsatisfactory conduct, thus violating Articles 14 and 16(1).

4. Applicability of Service Conditions and Contractual Terms:
The appellant argued that the termination was in accordance with the terms of Belliappa's temporary employment, which allowed termination without notice. The Court rejected this, stating that even if the termination was per the service conditions, it must not be arbitrary. The Court noted that the old doctrine of absolute employer's right to discharge an employee is outdated and incompatible with modern socio-economic conditions.

Conclusion:
The Supreme Court dismissed the appeal, upholding the High Court's decision that the termination of Belliappa's service was arbitrary and discriminatory, violating Articles 14 and 16(1) of the Constitution. The Court emphasized the need for fairness and reason in exercising discretion to terminate temporary employment.