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...Treasure Corporation Ltd.” on 16-7-2004 when he was stationed in Hong Kong and was still serving with the Company. Thus, obvious breach of employment contract was committed by the appellant...-7-2002, the defendant (the appellant herein) joined Prodigy Electronics in India as a representative for marketing PCB products of the Company in India. An employment contract was entered into on 2...-10-2003 between the defendant employee and the plaintiff Company. Under the said contract, the defendant was given full-time employment in the Company at Hong Kong in the capacity of “International...
...granting any monetary benefits and incentives etc. Therefore, according to the plaintiff, wrong construed is violation of employment contract. Therefore, the wrongs done independent of employment ..., and the wrong done as per the plaintiff is breach of employment contract. Therefore, the Trial Court is
- 9...commission of wrong independently. The illustrations to Section 19 clarifies the position that the wrongs must be independent. According to plaintiff wrongs are in violation of the employment contract...
...relates to relationship of master and servant governed purely by contract of employment. Any breach of contract in such a case is enforced by a suit for wrongful dismissal and damages. Ju...which do not provide for reinstatement of a servant.17. The third category of cases of master and servant arises in regard to the servant in the employment of the State or ...was validly terminated. It was not a case of a Government servant. There was no question of breach of statutory provisions. The employment was based on contract. The Court found that the express p...
...contravention of Article 311; (2) where reinstatement is sought of a dismissed worker under the industrial law by labour or Industrial Tribunals; (3) where a statutory body has acted in breach of a mandatory obliga...not capable of specific performance similarly breach of contract of employment is not capable of founding a declaratory...employee can only claim damages for wrongful breach of the contract. Now a contract of employment is not specifically enforced because ordinarily it is a contract of personal ser...
...is a go-slow which question has been answered in favour of the employer earlier. This Court said go-slow is a serious misconduct being a covert and a more damaging breach of the contract of ..., will entitle the management to deduct pro rata or otherwise, wages of the participating workmen notwithstanding absence of any stipulation in the contract of employment or any provision in the...as the Court, acts as a secondary review and that the Court can only intervene if there is any breach of Wednesbury principle which is secondary and not primary. It was further submitted that the...
.... However, this rule is not absolute and without exception. It has been held that an employer may be restrained from dismissing an employee in breach of contract if there is no loss of confidence between employer a...governing dismissal. No court may, whether by way of an order for specific performance of a contract of employment or an injunction restraining a breach or threatened breach of s...performance of contracts of a personal character, such as a contract of employment. In the words of Jessel, M.R: (1880) 14 Ch D 482“The courts have never drea...
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...]Relationship of master and servant is governed purely by contract of employment. Any breach of contract in such a case is enforced by a suit for wrongful dism...Syndicate to remove a teacher for misconduct on his part or for breach by him of one or more of the terms of the contract which he has entered into with the university, which, in the opinion of th...contract of employment is not capable of finding a declaratory judgment of subsistence of employment. A...
...the master only on the basis of the master having committed a breach of the contract of employment. If, however, the contract is treated as subsisting and a claim is made by the servant f.... The monetary value of the benefit of such reinstatement is therefore to be computed not on the basis of a breach of the contract of employment nor on the basis of a to...direction as to reinstatement should be treated as a breach of contract on the part of the respondent and the appellant should be awarded damages for breach of the contract which would be...
...services under the contract of employment. The situation almost resembles to grant of half-pay leave or leave on even more than half pay as the case may be. Therefore, it cannot be said that the suspended employee ...concerned it has to be kept in view that if the first part of the definition of “wages” will include all remuneration paid or payable in cash to an employee if the terms of contract of employment,...of the terms of the contract of employment. Nor can it be said that the employer has committed breach of any of the terms of the contract of ...
.... declaration that the two defendants are jointly and severally liable for breach of employment contract and tortuous liability in the inquiry and termination and defamation;C. for permanent...of Rs. 20 lacs not only for such slanderous/libellous statements but also for breach of contract by the defendants by terminating the employment of the plaintiff no. 2; (iii) that the plaintiffs h...claimed the suit to be for breach of contract of employment and for declaration of the reasons for termination of employment to be bad. The suit again has been filed without rega...
... facie there is a breach of Employment Contract, she went outside without sanction of any leave or permission."
and consequently dismissed the 'Applicati...awarding damages for a reasonable period/reasonable period of notice will come into play, only when the 'Contract of Employment' is not for a fixed period as per decision S.S Shetty V Bharat Nidhi Ltd reported in (...irresistible conclusion that there is an existence of 'Dispute' relating to the 'Contract of Employment' of the Appellant with the Respondent coupled with the 'breach' and the 'Dispute' in questio...
...and conditions as may be laid down in the ordinances from time to time. Similar, clause is also reiterated in para 2.1 of the Faculty Employment Contract signed by the petitioner, even the UGC regulation at para 8.2 mention...contract" and negated the submission of the respondents and stated that there was no such breach of employment contract...student reviews.
7. Although the petitioner had been assured, in terms of his Faculty Employment Contract, that there would be a Tenure Review during the academic year 2017...
...from the intervention of statute, there would never be a nullity in terminating an ordinary contract of master and servant. Dismissal might be in breach of contract and so unlawful but could only ...hospital. The plaintiff brought an action against the Board claiming declaration that his employment had never been validly determined and he also claimed damages for breach of contract or wrongful dismissal. The C...recover damages as for breach of contract.19. A similar question regarding the right of a dismissed employee to get a declaration of his right to continue in ...
...part of the contract of service of every employee governed by the same, then the question would be whether its breach can be repaired or enforced by a civil suit?11. Parliament ...Freund describes collective bargaining as crystallised custom to be imported into contracts of employment on the same basis as trade custom (System of Industrial Relations in Great Britain, p. 58-59). This would be all the ...conditions of service shall be deemed to be incorporated in the contract of employment of each employee with his employer. As far as the incorporation of the results of collective bargain...
...writ court is not the forum to award damages for breach of contract of employment when the employer is not State or “other authority” constituted under a statute or is covered by the provisions of...society since the employment relationship is in the nature of a contract of personal service which is not specifically enforceable and an action brought in a court of law can only sound in damages as...matter pertaining to a charge of disobeying receiving and avoiding service of the impugned termination order. The action has been brought against the Dayanand Medical College & Hospital, Ludhiana...
...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 ...where employment is purely in the realm of a simple contract of employment, it is strictly governed by terms and conditions of employment settled between the parties. To ....
32. In the present case also, relationship of employment between petitioner and CUPGL is purely and simply an ordinary contract of service which is not gov...
...governed purely by contract of employment. Any breach of contract in such a case is enforced by a suit against wrongful dismissal and for claiming damages. Just as a ...no vested contractual rights in regard to the terms of service but where employment is purely in the realm of a simple contract of employment, it is strictly governed by terms and...contract of employment is not capable of finding a declaratory judgment of subsistence of employment. A declaration of...
...relates to relationship of master and servant governed purely by contract of employment. Any breach of contract in such a case is enforced by a suit against wrongful dismiss...a matter is governed by status, the employee has no vested contractual rights in regard to the terms of service but where employment is purely in the realm of a simple contract of...employment between petitioner and CUPGL is purely and simply an ordinary contract of service which is not governed by any statute or statutory provision. In such cases, a contract of...
...Court held that 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 ...contract in such a case is enforced by a suit against wrongful dismissal and for claiming damages. Just as a contract of employment is not capable of specific performance similarly breach ...employment is purely in the realm of a simple contract of employment, it is strictly governed by terms and conditions of employment settled between the parties. To remind the difference b...