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2006 (11) TMI 299 - SC - Indian LawsWhether by reason of the repealing provisions contained in the 1994 Act, the Regulations framed under the 1953 Act survives and consequently the exercise of powers under Regulation 13 shall be void ab initio? Held that:- Appeal allowed in part. We have, therefore, no other option but to hold that Regulation 13 would not apply to the case of Respondent. However, despite the same, the interest of justice would be subserved if the nature of relief to Respondent granted by the High Court is upheld. We, therefore, hold that although Regulation 13 is not unconstitutional but the same is not applicable in case of Respondent. However, in the peculiar facts and circumstances of this case and keeping in view the fact that she had put in 20 years of service she be paid eight years' salary towards both back wages as well as for loss of employment in future. This will be on the basis of her last drawn basic pay and dearness allowance. The Corporation will pay Respondent the amount refunded by her towards the provident fund and gratuity at the rate of interest provided under the Statutes governing them. The relief granted to Respondent shall, in our opinion, subserve the interest of justice.
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