We are, therefore, of opinion that the ordinary law of master and servant as to suspension can be and should be held to have been modified in view of the fundamental change introduced by s. (a) In the present case, the approval of the housing project, its scope, definition and conditions, all are decided and dependent by the provisions of the relevant DC Rules. provision for payment of compensation for the determination of rights created before the notified date is provided in sub-s.

The argument is that the second proviso is merely declaratory and the third proviso supplies the machinery for giving effect to the provisions of the second proviso. 746 for there is very little difference in principle between the cases where Standing Orders provided a few days suspension without pay and the suspension was continued for a much longer period and where there were no Standing Orders providing suspension without pay. Reliance Jute and Industries Ltd.

The words "foregoing proviso", it is conceded, refer to the third proviso to sub-s. 33 he has the power to order such suspension, thus suspending the contract of employment temporarily, so that there is no obligation on him to pay wages and no obligation on the servant to work. Action taken by the Government under the third proviso to sub-s. It is urged on behalf of the appellants that the tribunal in these cases had to confine itself to adjudicating on the points referred and that as the question of interim relief was not referred to it, it could not adjudicate upon that.

According to the argument the third proviso is not an independent proviso but is a sort of proviso to the second proviso. 10(4) and need not be specifically referred in terms to the tribunal. In other words, the third proviso, according to learned counsel 559 for the appellant, merely enables the Government to exercise the right conferred on it by the second proviso and therefore, the Government, if it intends to avail itself of the right under the second proviso, must comply with the conditions laid down in the third proviso.

But for such a term being implied, it would not be possible at all to lay down, as was laid down in these cases, that if a proper enquiry bad been held and the employer had decided to dismiss the workman and apply for permission and in consequence had suspended the workman- there would be no obligation on him to pay wages from the date of suspension if permission was accorded to him under s. The undisputed common law right of the master to dismiss his servant for proper cause has been subjected by s.

We are of opinion 62 490 that there is no force in this argument, in view of the words " incidental thereto " appearing in s. It is said that the words " such right " in the third proviso relate to the rights mentioned in the second proviso, that is to say, rights created on or after July 1, 1945. (1) can be supported only if the conditions said down in that proviso can be shown to have been complied with, namely, that the Government had formed the opinion that it was in the public interest to terminate such lease and that three months' notice had been given before such termination.

33 must be borne in mind. , who negatived the contentions raised by the appellants and dismissed the petitions. 33 in that law and a term should be implied by Industrial Tribunals in the contract of employment that if the master has held a proper enquiry and come to the conclusion that the servant should be dismissed and in consequence suspends him pending the permission required under s. We are of opinion that though these cases did not expressly proceed on the basis of an implied term in the contract of employment to suspend the employee an thus suspend the relation of master and servant temporarily, that must be the implicit basis on which these decisions were given.

In contrast, the judgment in M/s. The endeavour of learned counsel for the appellant, therefore, is to induce us to hold that the termination of the appellant's leasehold rights which were created on or after July 1, 1945, could only be done under the third proviso, for other wise the provisions of sub-s. Under that sub- section a person can claim compensation only when his right is terminated by the Government under "the foregoing proviso". , and Srinivasachari, J.

There can be no doubt that if, for example, question of reinstatement and/or compensation is referred to a tribunal for adjudication, the question of granting interim relief till the decision of the tribunal with respect to the same matter would be a matter incidental thereto under s. 33 to a ban; and that in fairness must mean that, pending the removal of the said statutory ban, the master can (1) C. 20 of the Abolition Act. was concerned with income tax only. The petitions were heard by a Division Bench of the said High Court consisting of Chandra Reddy, C.

(2) which provide for compensation will not be attracted. Thus interim relief where it is admissible can be granted as a matter incidental to the main question referred to the tribunal without being itself referred in express terms. In dealing with this point the basic and decisive consideration introduced by s.