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AIR 1998 SUPREME COURT 2046
::1998 AIR SCW 1904
Supreme Court Of India
(From : Allahabad)*
Hon'ble Judge(s):
A. S. Anand,
K. T. Thomas
, JJ
(A) Specific Relief Act (47 of 1963) , S.14(1)(a), S.34— @page-SC2047Contractual appointment - Suit for declaration that termination is invalid - Though, not maintainable under S. 14 - Suit can be admitted by Civil Court for declaratory relief under S. 34. In instant case, appellant was appointed on certain terms and pursuant to such appointment he worked within the scope of such employment. Termination of his employment purportedly in terms of the same contract is challenged by him by praying for a declaration that such termination is invalid and therefore. he continues in the same employment. Maintainability of a suit cannot be adjudged from the effect which the decree may cause. It can be determined on the basis of the ostensible pleadings made and the stated reliefs claimed in the plaint. The mere fact that a suit which is not maintainable under S. 14 of the Act is not to persist with its disability of non admission to civil courts even outside the contours of Chap. II of the Act. S. 34 is enough to open the corridors of civil Courts to admit suits filed for a variety of declaratory reliefs. S. 14 falls within that chapter and it points to contracts which are not specifically enforceable. Powers of the Court to grant declaratory reliefs are adumberated in S. 34 of the Act which falls under Chap. VI of the Act. It is well to remember that even the wide la....
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