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may 1980

Supreme Court of India · 1980-05-09

SUPERINTENDENCE COMPANY OF INDIA (P) LTD. vs KRISHAN MURGAI

Citation / case number
SC 1979/62652
Court
Supreme Court of India
Petitioner
SUPERINTENDENCE COMPANY OF INDIA (P) LTD.
Respondent
KRISHAN MURGAI
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court held that even if the post-service restrictive covenant in Clause (10) of the employment agreement is valid under Section 27 of the Indian Contract Act, it is not enforceable against the respondent. The Court emphasized that the appellant company failed to use appropriate language to encompass all forms of cessation of employment, as the term 'leave' implies a voluntary act by the employee. Consequently, the appeal was dismissed, affirming the High Court's decision to reverse the interim injunction granted earlier.

SUPERINTENDENCE COMPANY OF INDIA (P) LTD. vs KRISHAN MURGAI · Niyam