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1989 Supreme(Raj) 889

NAVIN CHANDRA SHARMA
Mahehdra Nath Sharma – Appellant
Versus
Co – Respondent


JUDGMENT

1. - The important preliminary question which demands and needs answer in all these writ petitions is whether for the enforcement of a right or an obligation created by or under the Industrial Disputes Act, 1947 (for short, hereinafter "the Act") a writ petition under Article 226 of the Constitution can or should be entertained straightway by this court without the petitioners having first exhausted or availed of the remedy provided to them for the enforcement of such rights or obligations by the Act itself.

2. I may proceed to analyse the various rights, obligations and liabilities created under the Act and the remedies for their enforcement provided for or available under the Act. Before proceeding to do that, it may be mentioned that the cases of dismissal of a servant fall under three broad heads. The first head relates to relationship of master and servant governed purely by contract of employment. Any breach of contract in such a case is enforced by suit for wrongful dismissal and damages. Just as a contract of employment is not capable of specific performance similarly breach of contract of employment is not capable of finding a declaratory judgment of subsistence of


























































































































































































































































































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