H.L. Trehan V. Union Of India (1989) 1 SCC 764: Air 1989 SC 568
- IJLLR Journal
- Jun 18
- 1 min read
Shreya Lal, Symbiosis Law School, Nagpur
ABSTRACT
This case comment dives into the landmark ruling of H.L. Trehan v. Union of India (1989), a significant moment in Indian administrative law that addresses the concept of natural justice, especially the importance of pre- decisional hearings. The issue began when the Board of Directors of CORIL, a company taken over by the government, made unilateral changes to employee service conditions via a circular on March 8, 1978, without any prior discussion or agreement. The Delhi High Court invalidated this circular, stating it breached the principles of natural justice, particularly the doctrine of audi alteram partem. The Supreme Court supported this decision, asserting that post-decisional hearings cannot replace the constitutional requirement for a fair hearing before any negative administrative action. The Court highlighted that any changes to employee rights must be executed lawfully, with procedural fairness, and in line with Section 11(2) of the Caltex Act, 1977. This comment critically examines the judicial reasoning, its connection to Article 14 of the Indian Constitution, and the wider implications for employee rights and administrative fairness. The case reinforces the idea that procedural justice is a vital part of the rule of law, not just a formality.
