Interpretation and Limits of Residuary Enabling Clauses

A residuary or miscellaneous clause in service regulations—such as Regulation 110 of the Maharashtra State Warehousing Corporation (Staff) Service Regulations, 1992—which states that matters not specifically provided for shall be regulated as far as possible in the same manner as in the case of State Government employees, serves solely as a referral mechanism rather than an automatic conferment of jurisdiction. Such an omnibus provision cannot be construed as an automatic or ipso facto adoption of external disciplinary frameworks to initiate proceedings against superannuated personnel. To operationalize such enabling provisions, the competent corporate authority or Board of Directors must take a conscious, formal, and deliberate decision to adopt and adapt those external service rules. In the absence of an express resolution, formal notification, or order demonstrating conscious adoption, an employer cannot unilaterally bridge gaps in its own disciplinary regulations to institute inquiries against retired employees. (Kadirkhan Ahmedkhan Pathan Vs The Maharashtra State Warehousing Corporation & Ors. | 2026 INSC 16)