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Monday, July 8, 2013

Construction of Rules to benefit Employees

1991 Supp (2) SCC 363, Nirmal Chandra Bhattacharjee v. Union of India

 

No rule or order which is meant to benefit employees should normally be construed in such a manner as to work hardship and injustice specially when its operation is automatic and if any injustice arises then the primary duty of the courts is resolve it in such a manner that it may avoid any loss to one without giving undue advantage to other..

 

Followed in State of UP v. Mahesh Narain, (2013) 4 SCC 169

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