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.