Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2004 (8) TMI 724 - SUPREME COURTChallenged the judgment rendered by a Division Bench of the Delhi High Court dismissing the Writ Petition filed by the Union of India, affirming the decision of the Central Administrative Tribunal (CAT) regarding promotion of an employee from Group-C to Group-B post based on medical fitness - HELD THAT:- The notification can be issued when the appropriate Government, having regard to the type of work carried on in any establishment thinks it appropriate to exempt such establishment from the provisions of Section 47. The proviso to sub-Section (2) thereof does not operate in the absence of the notification. A proviso to a section cannot be used to import into the enacting part something which is not there, but where the enacting part is susceptible to several possible meanings it may be controlled by the proviso. Though several documents were referred to contend that the intention of the employer was to exclude certain establishments, a bare perusal thereof shows that they have no relevance and do not in any way fulfill the requirements of the proviso to Sub-section (2) of Section 47. It goes without saying that if a notification in this regard is issued by the appropriate Government the same shall be operative in respect of the establishment which is specifically exempted. That is not the position so far as the present case is concerned. Therefore, the order of the Tribunal as affirmed by the High Court by the impugned judgment suffers from no infirmity to warrant our interference. The appeal fails and is accordingly dismissed with no order as to costs.
|