...the name and style of “Canton 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.13. In view of the above facts and breach of contract by the defendant, the plaintiff Company on 28-5-2005, filed a suit being Civil Suit (OS) No. 819 of...the plaintiff Company, on 22-7-2002, the defendant (the appellant herein) joined Prodigy Electronics in India as a representative for marketing PCB products of the Company in India. An employment...

...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 contract and the wrongs - 7 - committed due to breach of..., 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. Just as a contract of employment is not capable of specific performance similarly breach of...Act 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 of other public or local authorities or bodies created under statute.18. Termination or dismissal of what is described as a pure contract of master and servant is not declared to be a nullity however wrongful or illegal it may be. The reason is that dismissal in breach of...as to whether the agreement of service 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...

...law by labour or Industrial Tribunals; (3) where a statutory body has acted in breach of a mandatory obligation imposed by statute;”17. In the Sirsi Municipality case the matter was exhaustively reviewed and Ray, J. (as he then was) observed as follows : “The cases of dismissal of a servant fall under three broad heads, purely by contract of employment. Any...breach of contract of employment is not capable of founding a declaratory judgment of subsistence of employment. A declaration of unlawful termination and restoration to service in such a case of..., therefore, adopts a more realistic posture and holds that the repudiation effectively terminates the contract and the employee can only claim damages for wrongful breach of the contract. Now a contract of employment is...

...more damaging breach of the contract of employment. Hence once it is proved, those guilty of it have to face the consequences which may include deduction of wages and even dismissal from service. This...contract of employment or any provision in the service rules, regulations or standing orders. In the instant case, the respondent was deliberately absent for a period of about 3 years and, therefore, he...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 High Court cannot interfere with the decision of...

...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 and employee or if (at least in a contract of employment to..., whether by way of an order for specific performance of a contract of employment or an injunction restraining a breach or threatened breach of such a contract, compel an employee to do any work or attend at any place for the doing of any work.This principle applies not merely to contracts of employment, but...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 dreamt of enforcing agreements...

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...bearing on the matter observed: [: SCC (L&S) p. 211, paras 15, 18]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 dismissal and damages. Just as a contract of employment is not capable of specific performance similarly breach of...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 the Syndicate, makes him unfit to hold the post...contract of employment is not...

...recoverable by the servant for his wrongful dismissal by 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...service as before.17. 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...of 55 years which was the age of superannuation; (ii) the non-implementation of the direction as to reinstatement should be treated as a breach of contract on the part of the respondent and the...

...as patterns of the appellant's business, are utilizing such information for commercial benefit. This, it is alleged, constitutes a breach of the employment contract of the appellant company with...Clause (XVIII) of Section 2(1)(c) of the 2015 Act. 32. Even otherwise, the ambit of the dispute centers around an allegation that there has been a breach of the confidentiality clauses and clauses restricting engagement in competing business, which are allegedly enumerated in the employment agreement between the defendant nos. 1 and 2 and the plaintiff/appellant. Thus, such breach of employment contract and...the aforesaid express and/or implied terms of employment and have also acted in material breach of the trust and faith which the plaintiff had reposed on them. 9...

...part of the terms of contract of employment as he is willing to offer his services but it is the employer who prohibits him from actually giving his 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 does not fulfil his part of the contract of employment or commits breach of...definition is 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, express or implied, were fulfilled and consequently even if an employee is suspended as per the service regulations by the employer pending enquiry it cannot be said that the employee has committed breach of...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 employment as the service rules applicable to the employee would be part and parcel of his conditions of employment and acting on the said service rules if the employer prohibits the employee from reporting for duty and doing actual work the employer cannot be said to be committing breach 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 have...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 regard to the law of...

... facie there is a breach of Employment Contract, she went outside without sanction of any leave or permission." and consequently dismissed the 'Application...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 (1958) SCR Page 442. That apart, the damages are to be awarded as compensation for any loss or damage arising naturally in the usual course of things from the breach of...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 question is...

...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 mentioned about the "Study Leave" to avail the opportunity of scholarship/ fellowships. 15. Learned counsel for the petitioner further argued on the "breach of...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...

...unenforceable rules or are they statutory in character or have a statutory flavour? If they are statutory in character and they form 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 enacted the Industrial Employment (Standing...Davies and Mark Freedland, p. 233). O Kahn 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 more true of Certified Standing Orders governing conditions of service between workman and his employer. If the employer commits a breach of the contract of...Standing Orders which statutorily prescribe 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...

...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 the...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 contract in such a case is enforced by a suit against wrongful dismissal and for 2 claiming damages. Just as a contract of employment is not capable of specific performance similarly 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 remind the.... 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 governed by any...

...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 contract of employment is not capable of specific performance similarly breach of...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 dismissal and for claiming damages. Just as a contract of employment is not capable of specific performance similarly breach of...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...