Supreme Court of India · 2004-01-06
M/S. Pearlite Liners Pvt. Ltd vs Manorama Sirsi
- Citation / case number
- AIR 2004 SUPREME COURT 1373
- Court
- Supreme Court of India
- Petitioner
- M/S. Pearlite Liners Pvt. Ltd
- Respondent
- Manorama Sirsi
- Author
- Arun Kumar
- Bench
- Brijesh Kumar, Arun Kumar
Judgment text excerpt
The Supreme Court addressed the issue of whether a civil court has jurisdiction to entertain a suit regarding a transfer order in employment, specifically under the context of a contract of service. The Court held that the suit was maintainable as the defendant failed to prove that the civil court lacked jurisdiction, thereby affirming the High Court's decision. The Court clarified that while specific performance of a contract of personal service is generally not enforceable, the legality of the transfer order could be challenged in civil court.