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1 - 10 of 27 (1.08 seconds)Article 14 in Constitution of India [Constitution]
Section 27 in The Indian Contract Act, 1872 [Entire Act]
The Arbitration And Conciliation Act, 1996
Article 21 in Constitution of India [Constitution]
Article 19 in Constitution of India [Constitution]
Niranjan Shankar Golikari vs The Century Spinning And Mfg. Co. Ltd on 17 January, 1967
73. Tracing the law back to The Brahmaputra Tea Co. Ltd. v. E. Scarth
(supra) as also on analysis of the law laid down in Niranjan Shankar
Golikari v. Century Spinning And Manufacturing Co. (supra), Percept D'
Mark (India) (P) Ltd. v. Zaheer Khan & Anr (supra) and Affle Holdings
Pte Limited Vs. Saurabh Singh (supra), it is observed that principles with
regard to the validity of covenants in employment contracts are well settled.
Any reasonable covenant operating during the term of the employment
agreement would be valid and lawful. It cannot, therefore, be argued that in
the present cases there is a violation of any Fundamental Right as enshrined
in the Constitution of India. It is further observed that employment contracts
in general are contractual disputes and not disputes which raise issues of
violation of fundamental rights, in such fact situations. There may be certain
employment conditions which could be considered unreasonable curtailment
of the employee's right to employment but a 3-year period of lock-in cannot
be held to be such a condition.
Lombardi Engineering Limited vs Uttarakhand Jal Vidyut Nigam Limited on 6 October, 2023
75. This Court while considering the issue of arbitrability of the present
dispute, considers it fit to consider the judgment relied upon by Mr. Anupam
Sinha, ld. Counsel for the Respondent. The ld. Counsel has relied upon the
recent decision of the Supreme Court in Lombardi Engineering Limited v.
Uttarakhand Jal Vidyut Nigam Limited (supra). In the said case, the
Signature Not Verified ARB.P. 1210/2023 & connected matters Page 40 of 51
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:11.07.2024
19:05
Supreme court was dealing with the validity of Clause 55 of the agreement
therein, which contained the arbitration clause. The said clause reads as
under:
Desiccant Rotors International Pvt. ... vs Bappaditya Sarkar & Anr on 14 July, 2009
81. The present cases factually distinguish themselves from the judgment,
Desiccant Rotors International Pvt. Ltd. Vs. Bappaditya Sarkar and Ors.
(supra). In the present cases, the employer is not seeking to restrain the
employees from seeking employment with any competitor of the employer,
post termination of the employment agreements. Covenants in the present
employment agreements are only operative during the subsistence of the
employment agreements.