Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Relief Act 1963-Section 14 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Specific Relief Act, 1963-Section 14-Contract for personal service- No written contract-Employee challenging transfer order, seeking declaration that she continued to be in service of employer and injunction restraining company from holding enquiry-Trial Court and also lower appellate court holding suit not maintainable-However, High Court directing suit to be decided on merits-Enforcement of contract-Permissibility of-Held: Enforcement of such contract not permissible under law-Employer cannot be forced to take such employee with whom relation having reached a point of complete loss of faith-Also it is not a case of public employment to attract Article 311 of Constitution or case under Industrial Disputes Act nor the employer is a statutory body for attracting enforcement of contract-Further, none of the relief sought in the plaint can be granted under law-Thus, High Court erred in directing suit to be decided on merits--Suit which is bound to E be dismissed for want of jurisdiction of court, should not be allowed to continue and go for trial--It should be thrown at the threshold-Code of Civil Procedure, 1908-0rder 7, Rule 11(d)-Constitution of India, 1950 Article 311-Industrial Disputes Act, 1947 |
Judge | Hon'ble Mr. Justice Arun Kumar |
Neutral Citation | 2004 INSC 21 |
Petitioner | M/s. Pearlite Liners Pvt. Ltd. |
Respondent | Manorama Sirsi |
SCR | [2004] 1 S.C.R. 266 |
Judgement Date | 2004-01-06 |
Case Number | 5348 |
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