Bruce Henderson vs State Of U.P. And 9 Others
2021 Latest Caselaw 4966 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


 

 
Chief Justice's Court
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 1033 of 2020
 

 
Appellant :- Bruce Henderson
 
Respondent :- State Of U.P. And 9 Others
 
Counsel for Appellant :- Udai Chandani, Deepak Kumar
 
Counsel for Respondent :- C.S.C., Sankalp Narain
 

 
Hon'ble Govind Mathur,Chief Justice
 
Hon'ble Piyush Agrawal, J.

Precisely, the issue involved in this appeal is that whether learned single Bench is right while denying relief to the appellant-petitioner on the count that as per provisions of the Specific Relief Act, no specific performance of a service contract can be made.

The argument advanced by learned counsel is that learned single Bench after examining administrative and financial control over the respondent institution arrived at a conclusion that the same is an instrumentality of the State and as such amenable to writ jurisdiction.

On arriving such conclusion, the appellant-petitioner has acquired status and, therefore, a writ could have been issued for performance of the service contract. Several judgments have been cited by the appellant-petitioner but as a matter of fact none is having application in the instant matter.

Hon'ble Supreme Court in Executive Committee of Vaish Degree College, Shamli and others Vs. Lakshmi Narain and others reported in AIR 1976 SC 888 in quite unambiguous terms held that no declaration to enforce a contract of personal service will be granted. The only exceptions are the employees having status of civil servant, workman under Industrial Disputes Act or not any other labour legislation or where violation is in mandatory obligation under a statute. No such eventuality exists in the case in hand.

The case of the appellant petitioner as such does not fall in the exception category.

The appeal is dismissed being bereft of merit.

 
Order Date :- 13.4.2021
 
Bhaskar
 

 
(Piyush Agrawal, J.)           (Govind Mathur, C.J.)