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2019 Supreme(Online)(Mad) 1217

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.Ravindran, J
K.R.Dayananda – Appellant
Versus
The Headmaster, Lawrence School, Lovedale, Ootacamund – Respondent


Advocates:
For the Appellant: Mr.S.Kinston Jerold
For the Respondents: Mr.T.Poornam

Table of Content
1. termination claims under private employment contracts. (Para 5 , 6)
2. jurisdictional limits in civil courts regarding employment disputes. (Para 8 , 10)
3. enforcement of personal service contracts is inherently problematic. (Para 12 , 19)

JUDGMENT

In this second appeal, challenge is made to the Judgement and Decree dated 25.07.2006 passed in A.S.No.18 of 2006 on the file of the Subordinate Court, Nilgiris at Ootacamund, reversing the judgement and decree dated 08.09.2005 passed in O.S.No.201 of 2004 on the file of the District Munsif Court, Ootacamund.

2.The second appeal has been admitted on the following substantial question of law:

“1.Whether the judgment and decree of the Lower Appellate Court is vitiated by its failure to consider the provisions contained in Section 2 (1)(3) of the Industrial Disputes Act which clearly excludes the jurisdiction of Industrial Disputes Act in respect of Teachers?

2.Whether the judgment and decree of the Lower Appellate Court is vitiated by its failure to consider the question of jurisdiction not having been raised in the written statement of the respondents and non-framing of necessary issues on the question of jurisdiction

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