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    <title>2006 (11) TMI 299 - Supreme Court</title>
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    <description>Regulation 13 of the Indian Airlines (Flying Crew) Service Regulations was examined against principles of natural justice and arbitrariness. The Supreme Court held that a termination clause is not invalid merely because it permits discharge without notice or inquiry, where it is confined to objectively defined contingencies such as incompetence, unsuitability, security risk, and justified loss of confidence, and is exercised by the highest managerial authority; the provision was therefore intra vires. The Court further held that the regulation did not apply to the respondent under the later statutory regime, so reinstatement was unavailable, and monetary compensation was upheld in lieu of employment loss.</description>
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    <pubDate>Fri, 10 Nov 2006 00:00:00 +0530</pubDate>
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      <title>2006 (11) TMI 299 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=105140</link>
      <description>Regulation 13 of the Indian Airlines (Flying Crew) Service Regulations was examined against principles of natural justice and arbitrariness. The Supreme Court held that a termination clause is not invalid merely because it permits discharge without notice or inquiry, where it is confined to objectively defined contingencies such as incompetence, unsuitability, security risk, and justified loss of confidence, and is exercised by the highest managerial authority; the provision was therefore intra vires. The Court further held that the regulation did not apply to the respondent under the later statutory regime, so reinstatement was unavailable, and monetary compensation was upheld in lieu of employment loss.</description>
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      <pubDate>Fri, 10 Nov 2006 00:00:00 +0530</pubDate>
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