Supreme Court · 2013 INSC 112 · Decided 20 February 2013
Balmer Lawrie & CO. LTD. & ORS. v. Partha Sarathi Sen Roy & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 112 · [2013] 4 S.C.R. 1018
- Case number
- CIVIL APPEAL No. 419/2004
- Decided
- 20 February 2013
- Bench
- B.S. CHAUHAN, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 12, 14, 16; Contract Act Section 23
Headnote
Constitution of India, 1950 -Art. 12 - Instrumentality and agency of Government - Determination - Criteria - Discussed C and held: The Company in question is an authority u/Art. 12. Contract - Contract of employment - Amenability to judicial review - Held: Unfair, clause in a contract hit by s.23 of Contract Act and against 0 public policy, is amenable to judicial review - In the present case employment contract providing termination of service of employee at the sole discretion of the employer is not justifiable - Hence the contract held void to that
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