New Delhi: Government cannot unilaterally
alter the service conditions of employees as it would be
violative of the Constitution, the Supreme Court has ruled.
A bench of justices P Sathasivam and BS Chauhan said in
a judgement that an order passed by authorities against an
employee terminating the services will not be binding if it
was passed "behind the back of the person."
"No order can be passed behind the back of a person
adversely affecting him and such an order, if passed, is
liable to be ignored being not binding on such a party as the
same has been passed in violation of the principles of natural
justice.
"The legislature is competent to unilaterally alter the
service conditions of the employee and that can be done with
retrospective effect also but the intention of the legislature
to apply the amended provisions with retrospective effect must
be evident from the Amendment Act itself expressly or by
necessary implication," Justice Chauhan said writing the
judgement.
The apex court passed the judgement while upholding the
appeal filed by JS Yadav, a district judge and a member of
the UP Human Rights Commission, challenging abrupt termination
of his service even though he was appointed for a tenure of
seven years.
"Power of the legislature is qualified further that such
a unilateral alteration of service conditions should be in
conformity with legal and constitutional provisions.
PTI
