AIR 1957 BOMBAY 188 ::(1957) 2 LabLJ 37 ::(1958-59) 14 FJR 114 ::59 Bom LR 413 ::ILR (1958) Bom 49

Bombay High Court

Hon'ble Judge(s): Shah, Gokhale , JJ

(A) Industrial Disputes Act (14 of 1947) , S.1, S.18— Relations of employer and employee - Common law rule - Alterations made by statutory provisions. Bombay Industrial Relations Act (11 of 1947) , S.1, S.54— Under the common law governing the relations of employers and employees, an employer is entitled to terminate the services of his employee at any time subject to customary notice unless under a binding contract security of tenure of service is granted. An employer cannot normally be compelled to retain an employee whom he does not desire to retain in his employment. Certain statutory provisions have, however, been made which have considerably altered the common law rule governing the relations of an employer and employee. And under those statutory provisions the right of an employer in an industry to dismiss or discharge an employee has also been restricted by the standing orders framed under the Bombay Industrial Relations Act.(Para 8) (B) Bombay Industrial Relations Act (11 of 1947) , S.40— Standing Orders framed u/S.35 by industrial undertaking - Provision for dismissal from and termination of employment made - Nature of order made against employee how determined. Under S. 35 of the Bombay Industrial Relations Act every....