M-S. PEARLITE LINERS PVT. LTD. v. MANORAMA SIRSI

Citation: [2004] 1 S.C.R. 266

Court: Supreme Court of India

Bench: BRIJESH KUMAR, ARUN KUMAR

Case summary

M-S. PEARLITE LINERS PVT. LTD. v. MANORAMA SIRSI.pdf

Judgment text

MIS. PEARLITE LINERS PVT. Lro. i'\ v. MANORAMA SIRS! JANUARY 6, 2004 [BRIJESH KUMAR AND ARUN KUMAR, JJ. ] 'r I Specific Relief Act, 1963-Section 14-Contract for personal service- No wrillen contract-Employee challenging transfer order, seeking declaration that she continued to be in service of employer and injunction restraining company ji'om holding enquiry-Trial Court and also lower appellate court holding suit not maintainable-However, High Court directing suit to be decided on merits-Enforcement of contract-Permissibility of-Held: Enforcement ofsuch contract 1101 permissible under law-Employer cannot be forced to take such employee with whom relation having reached a point of complete loss of. faith-Also it is not a case ofpublic employment to auract Article 31 I of Constitution or case under Industrial Disputes Act nor the ,. employer is a statutmy body for attracting enforcement ofcontract-Further, ... none o. f1he reli