AIR 1989 SUPREME COURT 568 ::1989 LAB. I. C. 1031 ::(1989) 1 ComLJ 191 ::(1989) 37 DLT 13 ::1989 (1) CurLR 31 ::1989 (1) SCC 764 ::1989 SCC (L&S) 246 ::1989 65 Com Cas 73 ::(1989) 65 ComCas 673 ::(1989) 74 FJR 131 ::1989 74 FJR 131 ::1989 (1) LabLN 294 ::1988 20 Reports 494 ::1989 (1) ServLR 7 ::1989 (1) ATLT 74 ::(1988) 4 JT 464 (SC)

Supreme Court Of India

(From : 1980 Lab IC 305 (Delhi))

Hon'ble Judge(s): M. M. Dutt, S. Natarajan, N. D. Ojha , JJJ

(A) Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Act (17 of 1977) , S.11(1), S.11(2)— Change of service conditions of Staff of Caltex (India) Ltd., by management of Caltex Oil Refining (India) Ltd., to disadvantage of staff of former - Opportunity of hearing not given - Order altering conditions liable to be set aside - Fact that opportunity was given after the alterations were made would be immaterial. Constitution of India , Art.14, Art.226— Industrial Disputes Act (14 of 1947) , S.9A, Sch.II Item.6— Conditions of service - Alteration of - Pre-decisional hearing - Condition precedent.Post-decisional hearing - Will not cure defect of not affording pre-decisional hearing. Where the management of Caltex Oil Refining (India) Ltd., (CORIL) to which management of the Undertaking of Caltex (India) Lt., had been transferred altered the conditions of service of the staff of the Caltex (India) Lt., to their disadvantage without giving them an opportunity of being heard, the order altering the conditions was liable to be set aside. There can be no deprivation or curtailment of any existing right advantage or benefit enjoyed by a Government servant @page-SC569 without complying with the rules of natural justice by giving the Government serva....