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1 - 10 of 11 (0.32 seconds)The Indian Contract Act, 1872
Section 20 in The Indian Contract Act, 1872 [Entire Act]
Section 14 in The Indian Contract Act, 1872 [Entire Act]
M/S G.D. Goenka School vs Parveen Singh Shekhewat And Ors on 14 December, 2022
34. We are firstly of the view that it would not be appropriate to
determine the amount on the basis of the last pay and allowances
drawn. The calculation should be based on the actual pay and
allowances liable to be drawn for the years in question, dependent
on the period for which this amount is to be calculated. (Italics by
this Court)
Apparently, the principles for determining compensation due to illegal
termination of a contract of service have been decided by the Supreme Court
following the requirements of Section 73 of the Act of 1872, though without
mentioning it in so many words. The Division Bench in G.D. Goenka School
case (supra) also followed the law laid down in Kailash Singh case for awarding
compensation in lieu of reinstatement for wrongful termination to a teacher.
St. Marys Education Society vs Rajendra Prasad Bhargava on 24 August, 2022
6.1. The petitioner Society has appointed the second respondent on the
terms and conditions contained in the letter of appointment/contract of service.
Undisputedly, the contract is not regulated by any statute and has no public law
element. It determines the relations of parties inter se. Hence, the same is an
ordinary contract of service regulated under the Act of 1872 and the principles
contained therein. A reference in this regard can be made to the law laid down
by the Supreme Court in St. Mary's Education Society and another v. Rajendra
Prasad Bhargava and others, (2023) 4 SCC 498, holding as under:
Kanchan Udyog Limited vs United Spirits Limited on 19 June, 2017
In this regard it is apt to refer to the following observations by the
Supreme Court in Kanchan Udyog Limited v. United Spirits Limited, (2017) 8
SCC 237, concerning causal connection between the breach and the loss, as also
its quantification:
Kailash Singh vs The Managing Committee Mayo College ... on 31 August, 2018
34. We are firstly of the view that it would not be appropriate to
determine the amount on the basis of the last pay and allowances
drawn. The calculation should be based on the actual pay and
allowances liable to be drawn for the years in question, dependent
on the period for which this amount is to be calculated. (Italics by
this Court)
Apparently, the principles for determining compensation due to illegal
termination of a contract of service have been decided by the Supreme Court
following the requirements of Section 73 of the Act of 1872, though without
mentioning it in so many words. The Division Bench in G.D. Goenka School
case (supra) also followed the law laid down in Kailash Singh case for awarding
compensation in lieu of reinstatement for wrongful termination to a teacher.