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1973 Supreme(All) 173

K.B.ASTHANA, R.B.MISRA, T.S.MISRA
Vaish College (Society) Shamli – Appellant
Versus
Lakshmi Narain – Respondent


Advocates:
P.C. Gupta and N.P. Singh, for Appellants; K.C. Agarwal and A.K. Yog, for Respondents.

Judgement

ASTHANA, J. :- The basic question, common to all these cases referred to a Full Bench, is whether the relationship between the parties was that of pure master and servant unregulated or uncontrolled by any statutory provision and the servant was not entitled to the relief of injunction or declaration of nullity of removal from service and his remedy lay in a suit for damages for breach of contract.

Second Appeal No. 2973-of 1971

2. The first case referred is Second Appeal No. 2973 of 1971 which arises out of a suit for permanent injunction to restrain the defendant-appellants from interfering with the plaintiff-respondent in the discharge of his duty as Principal including functioning as such for all intent and purposes of the Vaish Degree College, Shamli, District Muzaffarnagar, later on known as Vyparik Varg Degree College, Shamli, hereinafter referred to as Vaish College.

3. Admittedly Sri Laxmi Narain, the plaintiff-respondent, was the permanent Principal of the Vaish College. He was appointed as such on 17-5-1964. His appointment was duly approved by the Vice Chancellor of Agra University to which the college










































































































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