REGENT COMPUTRONICS PVT. LTD.

VAISH COLLEGE (SOCIETY) SHAMLI Appellant

V/S

LAKSHMI NARAIN Respondents

Referred Judgements :-

SALVESEN V. ADMINISTRATOR OF AUSTRIAN PROPERTY [REFERRED TO]
MANAGING COMMITTEE OF MEERUT COLLEGE V. DR. PURI [REFERRED TO]
S.N.AWASTHI V. PRESIDENT,K.A.DEGREE COLLEGE [REFERRED TO]
JOSEPH MUNDESSERY V. MANAGER,ST. THOMAS COLLEGE,TRICHUR [REFERRED TO]
S DUTT VS. UNIVERSITY OF DELHI [REFERRED TO]
STATE OF UTTAR PRADESH VS. BABU RAM UPADHYA [REFERRED TO]
S R TEWARI VS. DISTRICT BOARD AGRA NOW ANTARIM ZILA PARISHAD AGRA [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. SUNIL KUMAR MUKHERJEE [REFERRED TO]
PRABHAKAR RAMKRISHNA JODH VS. A L PANDE [REFERRED TO]
CALCUTTA DOCK LABOUR BOARD VS. JAFFAR IMAM BRINDABAN NAYAK JAMBU PATRA [REFERRED TO]
MAFATLAL NARANDAS BAROT VS. J D RATHOD DIVISIONAL CONTROLLER STATE TRANSPORT MEHSANA [REFERRED TO]
JALAN TRADING CO PRIVATE LIMITED VS. MILL MAZDOOR SABHA [REFERRED TO]
RAJASTHAN STATE ELECTRICITY BOARD JAIPUR VS. MOHAN LAL [REFERRED TO]
KOSHAN LAL TANDON KUNJ BEHARI VS. UNION OF INDIA [REFERRED TO]
PRAGA TOOLS CORPORATION VS. C A IMANUAL [REFERRED TO]
KUMARL REGINA VS. ST ALOYSIUS HIGHER ELEMENTARY SCHOOL [REFERRED TO]
EXECUTIVE COMMITTEE U P WAREHOUSING CORPORATION VS. CHANDRA KIRAN TYAGI [REFERRED TO]
RAM PAL CHATURVEDI VS. STATE OF RAJASTHAN [REFERRED TO]
BANK OF BARODA VS. JEEWAN LAL MEHROTRA [REFERRED TO]
INDIAN AIRLINES CORPORATION VS. SUKHDEO RAI [REFERRED TO]
VIDYA RAM MISRA VS. MANAGING GOMMITTEE SHRI JAI NARAIN COLLEGE [REFERRED TO]
SIRSI MUNICIPALITY VS. CEGELIA KOM FRANCIS TELLIS [REFERRED TO]
RAM BABU RATHAUR VS. DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA [REFERRED TO]
HIGH COMMISSIONER FOR INDIA VS. I M LALL [REFERRED TO]

JUDGEMENT

(1.) 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 ser vant unregulated or uncontrolled by any statu tory provision and the servant was not en titled to the relief of injunction or1 declara tion 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 re ferred to as Vaish College.

(3.) THE trial Court took the view that as the plaintiff had not been appointed under any written agreement of contract as envisag ed by the Statute of the Agra University, he was not entitled to the benefit of the Act and the Statutes and the fact that the resolution terminating the services of the plaintiff was not sent, up for approval of the Vice Chan cellor was, therefore, of no avail. On this main finding the suit of the plaintiff was dismissed.

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VAISH COLLEGE SOCIETY SHAMLI Vs. SRI LAKSHMI NARAIN

Referred Judgements :-

JUDGEMENT

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