TMI Blog2016 (5) TMI 1473X X X X Extracts X X X X X X X X Extracts X X X X ..... s, where the contract of service is not governed by the statutory provisions, it is well-settled that contract of service cannot be sought to be enforced by seeking reinstatement or continuance since such a relief is barred under the Specific Relief Act. In Executive Committee of U.P. State Warehousing Corporation, Lucknow Vs. C.K. Tyagi [1969 (9) TMI 125 - SUPREME COURT OF INDIA] held that position in law is that no declaration to enforce a contract of personal service will be normally granted. But there are certain well-recognized exceptions to this rule and they are: To grant such a declaration in appropriate cases regarding (1) a public servant, who has been dismissed from service in contravention of Article 311. (2) Reinstatement of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orporation Limited (hereinafter referred to as Company ) registered under Companies Act, 1956. The services of petitioner has been terminated by order dated 15.9.2001 passed by Deputy Executive (Commercial), Gangotri, U.P. Export Corporation Limited. 4. The question comes whether writ petition under Article 226 of Constitution of India is maintainable or not. 5. The petitioner's rights is founded on a contract and once contract has already come to an end in accordance with its stipulation, no writ jurisdiction under Article 226 of the Constitution would lie so as to entitle a party to the contract for continuance of contractual obligation or for reentering into contract as there is no such statutory obligation upon respondents to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no declaration to enforce a contract of personal service will be normally granted. But there are certain well-recognized exceptions to this rule and they are: To grant such a declaration in appropriate cases regarding (1) a public servant, who has been dismissed from service in contravention of Article 311. (2) Reinstatement of a dismissed worker under Industrial law by Labour or Industrial Tribunals. (3). A statutory body when it has acted in breach of a mandatory obligation, imposed by statute . 7. The above view has been reiterated in Executive Committee of Vaish Degree College, Shamli and others Vs. Lakshmi Narain and others AIR 1976 SC 888 (paras 9, 10, 13 and 17); Smt. J. Tiwari Vs. Smt. Jawala Devi Vidya Mandir and others, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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