Law: Specific Relief Act, 1877

Section: S. 21 (a) (b)

(On appeal from the judgment and decree of the High Court of East Pakistan, Dacca, dated the 6th May 1959, order dated 7th July 1959 in appeal from Appellate Decree No. 692 of 1957).   (a) Specific, Relief Act (I of 1877)------   ----S. 21 (a) (b)-Contract of personal service-Specific performance cannot be granted-Account ant of firm-Services terminated with payment of one month's salary in lieu of notice according to terms of contract-Reinstate ment cannot be ordered-Such for damages, only remedy-Master and servant.   In the absence of any statutory provision protecting the servant it is not possible in law to grant to him a decree against an unwilling master that he is still his servant. A servant cannot be forced upon his master. The master is always entitled to say that he is prepared to pay damages for breach of contract of service but will not accept the services of the servant. A contract for personal service as will appear from section 21 (b) of the Specific Relief Act, 1877 cannot be specifically enforced. But it is not even necessary to invoke section 21 (b) for such a contract is unenforceable on account of section 21 (a) wherein it is provided that a contract for the non-performance of which compensation in money is adequate relief cannot be specifically enforced. In a case where there is-a contract between a master and a servant the master agreeing to pay the salary and the servant agreeing to render personal service it is obvious that money compensation is full relief, for all that the servant was entitled to under the contract was his salary, A breach of contract can give rise to only two reliefs, damages or specific performance. If specific performance be barred the only relief available is damages. When a master, in breach of his contract, refused to employ the servant the only right that survives to the servant is the right to damages and a decree for damages is the only decree that can be granted to him.   A consideration of the implications of the decree that the servant was still a servant of the master will demonstrate the impossibility of its grant. Personal service was the duty of the servant under the contract…