SAMPURNANAND SANSKRIT VISHWAVIDYALAYA Vs. DHARM CHANDRA JAIN
LAWS(ALL)-2013-3-127
HIGH COURT OF ALLAHABAD
Decided on March 01,2013

Sampurnanand Sanskrit Vishwavidyalaya Appellant
VERSUS
Dharm Chandra Jain Respondents

JUDGEMENT

- (1.) Heard Sri V.B. Mishra, Advocate, for appellants and Sri Abhishek Tripathi, Advocate, holding brief of Sri A.K.Gupta, Advocate, for respondent.
(2.) Substantial questions of law, involved in this appeal, which require adjudication by this Court, are: (1) Whether plaintiff-respondent's suit was barred by Section 69 of U.P. State Universities Act, 1973 and Section 41 of Specific Relief Act, 1963? (2) Whether in respect to an ad-hoc or daily wage employee, an injunction of personal service commanding the employer to take work and not to interfere in the work of employee can be granted? (3) Whether appointment having been made for a fixed tenure, the lower Appellate Court could have granted an injunction in favour of plaintiff-respondent enabling him to continue in service even beyond the period for which appointment was made?
(3.) This appeal is pending for the last 22 years and, therefore, as requested and agreed by learned counsels for parties, this Court has proceeded to hear them so as to decide the aforesaid substantial questions of law.;


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