Supreme Court of India · 1991-04-24
NANDGANJ SIHORI SUGAR CO. LTD., RAE BARELI AND ANR. vs BADRI NATH DIXIT AND ORS.
- Citation / case number
- SC 1989/72491
- Court
- Supreme Court of India
- Petitioner
- NANDGANJ SIHORI SUGAR CO. LTD., RAE BARELI AND ANR.
- Respondent
- BADRI NATH DIXIT AND ORS.
- Author
- T.K. THOMMEN
- Bench
- T.K. THOMMEN
Judgment text excerpt
The Supreme Court held that a contract of employment cannot typically be enforced against an employer, and the appropriate remedy for breach is to sue for damages, as established under Sections 14 and 41 of the Specific Relief Act, 1963. The Court emphasized that specific performance is discretionary and should not be granted unless warranted by justice. The appeal was allowed, overturning the lower courts' decisions, as there was no evidence of a binding contract or statutory requirement for the appointment sought by the respondent.