Summarize the following court judgment. Appeal No. 166 (NL) of 1983. the Award dated 19.4.1982 of the Labour Court	 Haryana at Faridabad in Reference No. 227 of 198 1. R.K. Jain	 R.P. Singh	 Aseem Malhotra	 Ashish Verma	 Manoj Goel	 R.K. Khanna and Ms. Abha R. Sharma for the Appellant. Dr. Anand Prakash	 Ghosh for M/s Fox Mandal & Co. and Som Mandal for the Respondent. The Judgment of the Court was delivered by K. RAMASWAMY	 J. This appeal by special leave is against the award of the Labour Court	 Haryana at Faridabad dated April 19	 1982 which was published in the State Gazette on August 10	 1982.It upheld the termination of the appellant 's service as legal and valid. The respondent	 by its letter dated December 12	 1980 which was received by the appellant on December 19	 1980	 intimated that the appellant wilfully absented from duty continuously for more than 8 days from December 3	 1980 without leave or prior information or intimation or previous permission from the management and	 therefore	 "deemed to have left the service of the company on your own account and lost your lien and the appointment with effect from December 3	 1980. " In support thereof reliance was placed on clause 13 (2) (iv) of its Certified Standing Order. The appellant averred that despite his reporting to duty on December 3	 1980 and everyday continuously thereafter he was prevented entry at the gate and he was not allowed to sign the attendance register. He pleaded that he was not permitted to join duty without assigning any reasons. His letter of December 3	 1980 was marked herein as Annexure 'A ' wherein he explained the circumstances in which he was prevented to join duty. The Tribunal found that the appellant had failed to prove his case. The action of the respondent is in accordance with the standing Orders and it is not a termination nor retrenchment under the for short 'the Act '. The appellant in terms of standing orders lost his lien on his appointment and so is not entitled to reinstatement. Clause 13 (2) (iv) standing order reads thus: "If a workman remains absent without sanctioned leave or beyond the period of leave originally granted or subsequently extended	 he shall lose his lien on his 936 appointment unless. (a) he returns within 3 calander days of the commencement of the absence of the expiry of leave originally granted or subsequently extended as the case may be; and (b) explains to the satisfaction of the manager/management the reason of his absence o r his inability to return on the expiry of the leave	 as the case may. The workman not reporting for duty within 8 calander days as mentioned above	 shall be deemed to have automatically abandoned the services and lost his lien on his appointment. His name shall be struck off from the Muster Rolls in such an eventuality. " A reading thereof does indicate that if a workman remains absent without sanction of leave or beyond the period of the leave originally granted or subsequently extended the employee loses his lien on employment unless he returns to duty within eight calander days of the commencement of the absence or the expiry of leave either originally granted or subsequently extended. He has to give a satisfactory explanation to the Manager/Management of his reasons for absence or inability to return to the duty on the expiry of the leave. On completion of eight calander days ' absence from duty he shall be deemed to have abandoned the services and lost his lien on his appointment. Thereafter the management has been empowered to strike off the name from the Muster Rolls. Section 2(oo) of the Act defines 'Retrenchment ' means the termination by the employer of the service of a workman for any reason whatsoever	 otherwise than as a punishment inflicted by way of disciplinary action	 but does not include (a) voluntary retirement of the workman	 or (b) retirement of the workman on reaching the age of superannuation of the contract of employment between the employer and the workman concerned contains a stipulation in that behalf	 or (c) termination of the service of a workman on the ground of continued ill health. " Section 25F prescribes mandatory procedure to be followed before the retrenchment becomes valid and legal and violation thereof visits with invalida 937 tion of the action with consequential results. In Punjab Land Development and Reclamation Corporation Ltd.	 Chandigarh vs Presiding Officer	 Labour Court	 Chandigarh and Ors.	 the Constitution Bench considered the scope of the word 'retrenchment ' defined by s.2(oo) and held in para 71 at page 716 that "analysing the definition of retrenchment in Section 2(oo) we find that termination by the employer of the service of a workman would not otherwise have covered the cases excluded in Clauses (a) and (b) namely	 voluntary retirement and retirement on reaching the stipulated age of retirement or on the grounds of continued ill health. There would be no violational element of the employer. Their express exclusion implies that those would otherwise have been included". In para 77 at page 719 it was further held that "right of the employer and the contract of employment has been effected by introducing Section 2(oo)". The contention of the management to terminate the service of an employee under the certified standing Orders and under the contracts of employment was negatived holding that the right of the management has been effected by introduction of section 2(oo) and section 25F of the Act. The second view was that the right as such has not been effected or taken away	 but only an additional social obligation has been imposed on the employer to abide by the mandate of section 25F of the Act to tide over the financial difficulty which subserves the social policy. This court relied on the maxim Stat pro ratione valuntas populi; the will of the people stands in place of a reason. In paragraph 82 at page 722 this court concluded that the definition in s.2(oo) of the Act of retrenchment means "the termination by the employer of the service of a workman for any reason whatsoever except those expressly excluded in the section". Same view was taken by three benches of three Judges of this Court in State Bank of India vs Sri N. Sundara Mani; ; ; Delhi Cloth & General Mills Lid. vs Shambhu Nath Mukherjee & Ors ; and Hindustan Steel Ltd. vs The Presiding Officer. Labour Court ; and two benches of two judges in Robert D 'Souza vs Executive Engineer	 Southern Railway and Anr. ; and H. D. Singh vs Reserve Bank of India and Ors. [1985] 4 SCC 201 took the same view. Therefore	 we find force in the contention of Sri R. K. lain	 the learned Senior counsel for the appellant that the definition 'retrenchment ' in S.2(oo) is a comprehensive one intended to cover any action of the management to put an end to the employment of an employee for any reason whatsoever. We need not	 however	 rest our conclusion on this point as in our considered view it could be decided on the other contention raised by Sri Jain that the order is violative of the principles of natural justice. We are impressed with that argument. Before dealing with it	 it is necessary to dispose of inter related contentions raised by Dr. Anand Prakash. 938 The contention of Dr. Anand Prakash that since this appeal was deleted from the constitution bench to be dealt with separately	 the finding of the constitution bench deprived the respondent of putting forth the contention based on Cl. 13 of the certified standing order to support impugned action and the respondent is entitled to canvass afresh the correctness of the view of the constitution bench is devoid of force. It is settled law that an authoritative law laid after considering all the relevant provisions and the previous precedents	 it is no longer open to be recanvassed the same on new grounds or reasons that may be put forth in its support unless the court deemed appropriate to refer to a larger bench in the larger public interest to advance the cause of justice. The constitution bench in fact went into the self same question vis a vis the right of the employer to fall back upon the relevant provision of the certified standing Orders to terminate the service of the workman/employee. By operation of section 2(oo) the right of the employer under Cl.13(2) (iv)	 and the contract of employment has been effected. Moreover in Ambika Prasad Mishra vs State of U.P. and Ors. 	 ; at 72 23 para 5 & 6. A constitution bench held that every new discovery or argumentative novelty cannot undo or compel reconsideration of a binding precedent. It does not lose its authority 'merely ' because it was badly argued	 inadequately considered and fallaciously reasoned. In that case the ratio of this court on article 31A decided by 13 Judges bench in Keshwanand Bharti vs Union of India [1973] Suppl. SCR was sought to be reopened but this court negatived the same. His contention that expiry of eight days ' absence from duty brings about automatic loss of lien on the post and nothing more need be done by the management to pass an order terminating the service and per force termination is automatic	 bears no substance. The constitution bench specifically held that the right of the employer given under the standing Orders gets effected by statutory operation. In Robert D ' Souza 's case (supra) in para 7	 this court rejected the contention that on expiry of leave the termination of service is automatic and nothing further could be done. It was further held that striking of the name from the rolls for unauthorised absence from duty amounted to termination of service and absence from duty for 8 consequitive days amounts to misconduct and termination of service on such grounds without complying with minimum prin ciples of natural justice would not be justified. In Shambhunath 's case three Judges bench held that striking of the name of the workman for absence of leave itself amounted to retrenchment. In H.D. Singh vs Reserve Bank of India & Ors. (supra)	 this court held that striking of the name from the rolls amounts to an arbitrary action. In State Bank of India vs Workmen of State Bank of India and Anr.[1991] 1 SCC 13	 a two judge bench of this court to which one of us	 K.R.S.	J. was a member was to consider the effect of discharge on one month 's notice or pay in 939 lieu thereof. It was held that it was not a discharge simplicitor or a simple termination of service but one camouflaged for serious misconduct. This court lifted the veil and looked beyond the apparent tenor of the order and its effect. It was held that the action was not valid in law. The principle question is whether the impugned action is violative of principles of natural justice. In A.K. Kriapak and Ors. vs Union of India & Ors.	 a Constitution bench of this court held that the distinction between quasi judicial and administrative order has gradually become thin. Now it is totally clipsed and obliterated. The aim of the rule of the natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules operate in the area not covered by law validly made or expressly excluded as held in Col. J.N. Sinha vs Union of India & Anr. [1971] 1 SCR 791. It is settled law that certified standing orders have statutory force which do not expressly exclude the application of the principles of natural justice. Conversely the Act made exceptions for the application of principles of natural justice necessary implication from specific provisions in the Act like Ss.25F; 25FF; 25FFF; etc	 the need for temporary hands to cope with sudden and temporary spurt of work demands appointment temporarily to a service of such temporary workmen to meet such exigencies and as soon as the work or service are completed	 the need to dispense with the services may arise. In that situation	 on compliance of the provisions of section 25F resort could be had to retrench the employees in conformity therewith particular statute or statutory rules or orders having statutory flavour may also exclude the application of the principles of natural justice expressly or by necessary implication. In other respects the principles of natural justice would apply unless the employer should justify its exclusion on given special and exceptional exigencies. The cardinal point that has to be borne in mind	 in every case	 is whether the person concerned should have a reasonable opportunity of presenting his case and the authority should act fairly	 justly	 reasonably and impartially. It is not so much to act judicially but is to act fairly	 namely ' the procedure adopted must be just	 fair and reasonable in the particular circumstances of the case. In other words application of the principles of natural justice that no man should be condemned unheard intends to prevent the authority to act arbitrarily effecting the rights of the concerned person. 940 It is a fundamental rule of law that no decision must be taken which will affect the right of any person without first being informed of the case and be given him/ her an opportunity of putting forward his/her case. An order involving civil consequences must be made consistently with the rules of natural justice. In Mohinder Singh Gill & Anr. vs The Chief Election Commissioner & Ors. at 308F the Constitution Bench held that 'civil consequence ' covers infraction of not merely property or personal right but of civil liberties	 material deprivations and non pecuniary damages. In its comprehensive connotion every thing that affects a citizen in his civil life inflicts a civil consequence. Black 's Law Dictionary	 4th Edition	 page 1487 defined civil rights are such as belong to every citizen of the state or country they include rights capable of being enforced or redressed in a civil action. In State of Orissa vs Dr. (Miss) Binapani Dei & Ors.	 this court held that even an administrative order which involves civil consequences must be made consistently with the rules of natural justice. The person concerned must be informed of the case	 the evidence in support thereof supplied and must be given a fair opportunity to meet the case before an adverse decision is taken. Since no such opportunity was given it was held that superannuation was in violation of principles of natural justice. In State of West Bengal vs Anwar Ali Sarkar 	 per majority	 a seven Judge bench held that the rule of procedure laid down by law comes as much within the purview of article 14 of the Constitution as any rule of substantive law. In Maneka Gandhi vs Union of India	. 1	 another bench of seven judges held that the substantive and procedural laws and action taken under them will have to pass the test under Art	 14. The test of reason and justice cannot be abstract. They cannot be divorced from the needs of the nation. The tests have to be pragmatic otherwise they would cease to he reasonable. The procedure prescribed must be just	 fair and reasonable even though there is no specific provision in a statute or rules made thereunder for showing cause against action proposed to be taken against an individual	 which affects the right of that individual. The duty to give reasonable opportunity to be heard will be implied from the nature of the function to be performed by the authority which has the power to take punitive or damaging action. Even executive authorities which take administrative action involving any deprivation of or restriction on inherent fundamental rights of citizens	 must take care to see that justice is not only done but manifestly appears to be done. They have a duty to proceed in a way which is free from even the appearance of arbitrariness	 unreasonableness or unfairness. They have to act in a manner which is patently impartial and meets the requirements of natural justice. The law must therefore be now taken to be well settled that procedure prescribed for depriving a person of livelihood must meet the challenge of article 14. 941 and such law would be liable to be tested on the anvil of article 14 and the procedure prescribed by a statute or statutory rule or rules or orders effecting the civil rights or result in civil consequences would have to answer the requirement of article 14. So it must be right	just and fair and not arbitrary	 fanciful or oppressive. There can be no distinction between a quasi judicial function and an administrative function for the purpose of principles of natural justice. The aim of both administrative. inquiry as well as the quasi .judicial enquiry is to arrive at a just decision and if a rule of natural justice is calculated to secure justice or to put it negatively	 to prevent miscarriage of justice	 it is difficult to see why it should be applicable only to quasi judicial enquiry and not to administrative enquiry. It must logically apply to both. Therefore	 fair play in action requires that the procedure adopted must be just	 fair and reasonable. The manner of exercise of the power and its impact on the rights of the person affected would be in conformity with the principles of natural justice. article 21 clubs life with liberty	 dignity of person with means of livelihood without which the glorious content of dignity of person would be reduced to animal existence. When it is interpreted that the colour and content of procedure established by law must be in conformity with the minimum fairness and processual justice	 it would relieve legislative callousness despising opportu nity of being heard and fair opportunities of defence. article 14 has a pervasive processual potency and versatile quality	 equalitarian in its soul and allergic to discriminatory dictates. Equality is the antithesis of arbitrariness. It is	 thereby	 conclusively held by this Court that the principles of natural justice are part of article 14 and the procedure prescribed by law must be just	 fair and reasonable. In Delhi Transport Corpn. vs D. T. C. Mazdoor Congress and Ors	 [1991] Suppl. 1 SCC 600 this court held that right to public employment and its concomitant right to livelihood received protective umbrella under the can copy of articles 14 and 21 etc. All matters relating to employment includes the right to continue in service till the employee reaches superannuation or until his service is duly terminated in accordance with just. fair and reasonable procedure prescribed under the provisions of the constitution and the rules made under the provisions of the constitution and the rules made under proviso to article 309 of the Constitution or the statutory provisions or the rules	 regulations or instructions having statutory flavour. They must be conformable to the rights guaranteed in Part III and IV of the Constitution. article 21 guarantees right to life which includes right to livelihood	 the deprivation thereof must be in accordance with just and fair procedure prescribed by law conformable to articles 14 and 21 so as to be just	 fair and reasonable and not fanciful	 oppressive or at vagary. The principles of natural 942 justice is an integral part of the Guarantee of equality assured by article 14. Any law made or action taken by an employer must be fair	just and reasonable. The power to terminate the service of an employee/workman in accordance with just	 fair and reasonable procedure is an essential inbuilt of ' natural justice. articles 14 strikes at arbitrary action. It is not the form of the action but the substance of the order that is to be looked into. It is open to the court to lift the veil and gauge the effect of the impugned action to find whether it is the foundation to impose punishment or is only a motive. Fair play is to secure justice	 procedural as well as substantive. The substance of the order is the soul and the affect thereof is the end result. It is thus well settled law that right to life enshrined under article 21 of the Constitution would include right to livelihood. The order of termination of the service of an employee/workman visits with civil consequences of jeopardising not only his/her livelihood but also career and livelihood of dependents. Therefore	 before taking any action putting an end to the tenure of an employee/workman fair play requires that a reasonable opportunity to put forth his case is given and domestic enquiry conducted complying with the principles of natural justice. In D. 7. C. vs D. T.C. Mazdoor Congress and Ors. (supra) the constitution bench	 per majority	 held that termination of the service of a workman giving one month 's notice or pay in lieu thereof without enquiry offended article 14. The order terminating the service of the employees was set aside. In this case admittedly no opportunity was given to the appellant and no enquiry was held. The appellant 's plea put forth at the earliest was that despite his reporting to duty on December 3	 1980 and on all subsequent days and readiness to join duty he was prevented to report to duty	 nor he be permitted to sign the attendance register. The Tribunal did not record any conclusive finding in this behalf. It concluded that the management had power under Cl. 13 of the certified Standing Orders to terminate with the service of the appellant. Therefore	 we hold that the principles of natural justice must be read into the standing order No. 13 (2) (iv). Otherwise it would become arbitrary. unjust and unfair violating articles 14. When so read the impugned action is violative of the principles of natural justice. This conclusion leads us to the question as to what relief the appellant is entitled to. The management did not conduct any domestic enquiry nor given the appellant any opportunity to put forth his case. Equally the appellant is to blame himself for the impugned action. Under those circumstances 50 per cent of the back wages would meet the ends of justice. The appeal is accordingly allowed. The award of the Labour Court is set aside and the letter dated December 12	 1980 943 of the management is quashed. There shall be a direction to the respondent to reinstate the appellant forthwith and pay him back wages within a period of three months from the date of the receipt of this order. The appeal is allowed accord ingly. The parties would bear their own costs. N.P.V. Appeal allowed.

The respondent company terminated the appellant 's services on the ground that since he had willingly absented from duty continuously for more than 5 days from December 3	 1980	 without leave or prior information of intimation or previous permission of the management	 he had been deemed to have left the service of the company on his own and lost the lien and the appointment with effect from December 3	 1980. It relied on clause 13(2) (iv) of the Certified Standing Order in support of its action. The appellant 's plea that despite his reporting to duty on December 3	 1980 and every day continuously thereafter	 he was prevented entry at the gate and was not allowed to sign the attendance register and that he was not permitted to join duty without assigning any reasons	 was not accepted. The Labour Court upheld the termination order as legal and valid. It held that the appellant had failed to prove his case	 that the action of the respondent was in accordance with the Standing Orders and it was not a termination nor retrenchment under the and that the appellant in terms of Standing Orders lost his lien on his appointment and was not entitled to reinstatement. Allowing the appeal of the employee	 this Court HELD:1.1. The action of the management in terminating the appellant 's service is violative of the principles of natural justice. Under clause 13 (2) (iv) of Certified Standing Orders	 on completion of eight calendar days ' absence from duty an employee shall be deemed to have abandoned the services and lost his lien on his appointment. Thereafter	 the management is empowered to strike off the name from the Muster Rolls. But it is not correct to say that expiry of eight days ' absence from duty brings about automatic loss of lien on the post and nothing more need be done by the management to pass an order terminating the service and per force termination is automatic. The prin ciples of natural justice must be read into the Standing Order No. 13 (2) (iv). Otherwise	 it would become arbitrary	 unjust and unfair violating Article 14. Keshwanand Bharti vs Union of India	 and State Bank of India vs Workmen of State Bank of India and Anr. ; 	 referred to. 1.2. In the instant case	admittedly	the management did not conduct any domestic enquiry nor gave the appellant any opportunity to put forth his case. 932 The Labour Court did not record any findings on the appellant 's plea that despite his reporting to duty on December 3	1980 and on all subsequent days and readiness to	 join duty he was prevented from reporting to duty	 nor he was permitted to sign the attendance register	 but held that the management had power under clause 13 of the Certified Standing Orders to terminate the service of the appellant. Under the circumstances	 the award of the Labour Court is set aside. The respondent should reinstate the appellant forthwith with 50 per cent of the back wages. Certified Standing Orders have statutory force which do not expressly exclude the application of the principles of natural justice. Conversely	 the made exceptions for the application of principles of natural justice by necessary implication from specific provisions in the Act like Sections 25F	 25FF	 25FFF etc. The need for temporary hands to cope with sudden and temporary spurt of work demands appointment temporarily	 to a service of such temporary workmen to meet such exigencies and as soon as the work or service is completed	 the need to dispense with the services may arise. In that situation	 on compliance of the provisions of Section 25F resort could be had to retrench the employees in conformity therewith. Particular statute or statutory rules or orders having statutory flavour may also exclude the application of the principles of natural justice expressly or by necessary implication. In other respects	 the principles of natural justice would apply unless the employer should justify the exclusion on given special and exceptional exigencies. Col. J.N. Sinha vs Union of India & Anr.	 [1971] 1 S.C.R. 791	 relied on. Application of the principles of natural justice that no man should be condemned unheard intends to prevent the authority to act arbitrarily affecting the rights of the concerned person. No decision must be taken which will affect the right of any person without first being informed of the case and be given him/her an opportunity of putting forward his/her case. An order involving civil consequences must he made consistently with the rules of natural justice. It is not so much to act judicially but to act fairly	 namely	 the procedure adopted must he just	 fair and reasonable in the particular circumstances of the case. The procedure prescribed for depriving a person of livelihood must meet the challenge of Article 14 of the Constitution and such law would be liable to be tested on the anvil of Article 14. The procedure prescribed by a 933 statute or statutory rule or rules or orders affecting the civil rights or result in civil consequences would have to answer the requirement of the Article. The manner of exercise of the power and its impact on the rights of the person affected would be in conformity with the principles of natural justice. Article 14 has a pervasive processual potency and versatile quality	 equalitarian it its soul and allergic to discriminatory dictates. Equality is the antithesis of arbitrariness. Therefore	 the principles of natural justice are part of Article 14 and the procedure prescribed by law must be right	 just	 fair and reasonable and not arbitrary	 fanciful or oppressive. Mohinder Singh Gill & Anr. vs The Chief Election Commissioner & Ors. ; State of Orissa vs Dr. (Miss) Binapani Dei & Ors. 	 ; ; State of West Bengal vs Anwar Ali Sarkar	 ; and Maneka Gandhi vs Union of India	 [1978] 2 S.C.R. 621	 relied on. Blak 's law Dictionary 4th Edn. p. 1487; referred to. Article 21 of the Constitution clubs life with liberty	 dignity of person with means of livelihood without which the glorious content of dignity of person would be reduced to animal existence. When it is interpreted that the colour and content of procedure established by law must be in conformity with the minimum fairness and processual justice	 it would relieve legislative callousness despising opportunity of being heard and fair opportunities of defence. The order of termination of the service of an employee/workman visits with civil consequences of jeopardising not only his/her livelihood but also career and livelihood of dependents. Therefore	 before taking any action putting an end to the tenure of an employee/workman	 fair play requires that a reasonable opportunity to put forth his case is given and domestic enquiry conducted complying with the principles of natural justice. Delhi Transport Corpn. vs D. T.C. Mazdoor Congress	 and Ors.	 [1991] Suppl. 1 S.C.C. 600	 relied on. The aim of the rule of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules operate in the area not covered by law validly made or expressly excluded. There can be no distinction between a quasi judicial function and an administrative function for the purpose of principles of natural justice. The aim of both administrative inquiry as well as the quasi judicial enquiry is to 934 arrive	 at a just decision and if a rule of natural justice is calculated to secure justice or to put it negatively	 to prevent miscarriage of justice	 it must logically be applicable both to quasi judicial enquiry and administrative enquiry and not only to quasi judicial enquiry. A. K. Kriapak and Ors. vs Union of India & Ors. 	 relied on. An authoritative law laid after considering all the relevant provisions and the previous precedents is no longer open to be recanvassed on new grounds or reasons that may be put forth in its support unless the Court deemed it appropriate to refer to a larger bench in the larger public interest to advance the cause of justice. Ambika Prasad Mishra vs State of U. P. & Ors. 10 and Keshwanand Bharti vs Union of India	 	 relied on. The Constitution Bench in fact went into the self same question visa vis the right of the employer to fall back upon the relevant provision of the Certified Standing Orders to terminate the service of the workman/employee. Therefore	 it is not correct to say that since the present appeal was deleted from the Constitution Bench to be dealt with separately	 the finding of the Constitution Bench deprived the respondent of putting forth the plea based on clause 13 of the Certified Standing Order to support the action in question and the respondent is entitled to canvass afresh the correctness of the view of the Constitution Bench. The definition of 'retrenchment ' in Section 2(oo) of the is a comprehensive one intended to cover any action of the management to put an end to the employment of an employee for any reason whatsoever. Punjab Land Development and Reclamation Corpn. Ltd.	 Chandigarh vs Presiding Officer	 Labour Court	 Chandigarh and Ors.	 ; State Bank of India vs Sri N. Sundara Mani; 	 ; Delhi Cloth & General Mills Ltd. vs Shambhu Nath Mukherjee & Ors.	 [1978] 1 S.C.R. 591; Hindustan Steel Ltd. vs The Presiding Officer	 Labour Court	 ; Robert D ' Souza vs Executive Engineer Southern Railway	 and Anr.	 ; and H.D. Singh vs Reserve Bank of India & Ors.	 [1985] 4 S.C.C.201	 referred to. 935