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HARSIMRAN SINGH SETHI
Principal, Hindu Vidya Peeth School, Kath Mandi, Sonepat – Appellant
Versus
Sudha Wahi – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
CM-6034-C-2022
The present application has been filed for early hearing of the main regular second appeal.
2. Notice of the application was issued to the counsel opposite.
3. Keeping in view the averments made in the application, the application is allowed. Regular second appeal is taken up for hearing today itself.
RSA-3290-2011
4. Present regular second appeal has been filed against the judgment and decree of the lower Appellate Court dated 20.05.2011 by which, the judgment and decree of the trial Court dated 17.02.2010 has been set aside and the suit filed by the respondent-plaintiff has been allowed by holding that the termination of her service was bad and a direction was given to reinstate the respondent-plaintiff in service and she was made entitled for the grant of pay, allowance and other benefits by treating her to be in service along with interest @ 9% per annum.
5. On 05.03.2012, while issuing notice of motion, a Coordinate Bench of this Court passed a detailed order qua the maintainability of the suit keeping in view the relief sought of enforcing the contract of service and permissibility of the same in view of section 14 of the
Contracts for personal service cannot be specifically enforced except under limited circumstances; remedies reside in damages for wrongful termination.
Reliefs of reinstatement and backwages could not be sought in a civil proceedings, applies in the context of a case where the provisions of the ID Act were applicable.
Point of Law : Reliefs of reinstatement and backwages could not be sought in a civil proceedings, applies in the context of a case where the provisions of the ID Act were applicable.
Contracts of personal service cannot be specifically enforced under the Specific Relief Act, except in limited exceptions.
A contract of personal service is not enforceable except for three exceptions, as per the provisions of Sections 14 & 41 of the Specific Relief Act, 1963.
Temporary employees have no right to continue in service, and the civil court lacks jurisdiction to entertain claims based on the Industrial Disputes Act.
Termination of service without a departmental enquiry and opportunity to be heard violates Article 311(2) of the Constitution of India.
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