PUJARI YADAV Vs. RAM BRIKSHA YADAV

JUDGEMENT

(1.) - The main question involved in this appeal is when can a contract of personal service be enforced in a civil suit. THE FACTS

(2.) THERE is a school known as Shri Shanker Uchchtar Madhyamik Vidyalaya, Pargana Ghosi, district Azamgarh (the School). This school imparts education up of 10th class and is recognised under Intermediate Education Act, 1921 (the Act) ; it is also given grant-in-aid by the State Government in respect of salaries of its teachers and non-teaching staff.

(3.) THE trial court decreed the suit on 16.5.1979. THE Court restrained the defendant-respondent for interfering with the service of the plaintiff-appellant. THE Court while decreeing the suit recorded the following findings : o THE civil court has jurisdiction to decide the suit. This was held earlier on 24.8.1978. o THE defendant-respondent could not be officiating Principal of the School. o THE principle of natural justice were not followed in conducting the enquiry.