Yogesh v. State Of Haryana And Others

   
     
 


 

 
















 

 

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11. Where the relationship of master and servant is purely contractual, it is well settled that a contract of personal service is not specifically enforceable, having regard to the bar contained in section 14 of the Specific Relief Act, 1963. Even if the termination of the contract of employment (by dismissal or otherwise) is found to be illegal or in breach, the remedy of the employee is only to seek damages and not specific performance. Courts will neither declare such termination to be a nullity nor declare that the contract of employment subsists nor grant the consequential relief of reinstatement.

The three well recognised exceptions to this rule are : (i) where a civil servant is removed from service in contravention of the provisions of Article 311 of the Constitution of India (or any law made under Article 309); (ii) where a workman having the protection of Industrial Disputes Act, 1947 is wrongly terminated from service; and (iii) where an employee of a statutory body is terminated from service in breach or violation of any mandatory provision of a statute or statutory rules.

There is thus a clear distinction between public employment governed by statutory rules and private employment governed purely by contract. The test for deciding the nature of relief 1 damages or reinstatement with consequential reliefs 1 is whether the employment is governed purely by contract or by a statute or statutory rules. Even where the employer is a statutory body, where the relationship is purely governed by contract with no element of statutory governance, the contract of personal service will not be specifically enforceable."

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  - "Clause 21 (a). Termination or Dis1Continuation of Contract a) The contract of an employee shall be terminated at any time by the Appointing Authority without assigning any reason, by giving one ‟ month s notice or on payment of remuneration for such period as the 13notice falls short of one month. Provided that if an employee remains willful absent during period of notice, he shall not be entitled to receive any remuneration during the period of willful absence in the case of employee himself/herself wants to resign, he/she can do so ‟ ‟ by giving one month s notice or by depositing one month s remuneration in lieu thereof."

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  I YOGESH S/o BALRAM SHARMA have applied for empanelment for a Specialist as a PHYSIOTHERAPY for UPHC Ashok Nagar,Fatehabad (upgraded as polyclinic under 15th finance

commission) on the incentive of 2500/1 (fixed) per visit without any other allowance.

I will follow the Following instructions:1 1.

I will do the work as per medical ethics and will follow the provision of PC PNDT act and other Health related rules. 2.

The timing will be 10.00 AM 14.00 PM and at max. 3 days in a week (Mode of payment will be online, Your are requested to provide a copy of passbook and PAN No.).

3.

Biometric and Register attendance both are must. 4.

I will not claim any other amount except .......per visit (fixed). 5.

I have been informed that empanelmentcan be terminated at any time without assigning any reason. No separate notice will be issued by the department.

6.

I have been informed this ampanelment is valid up to 31/03/2026 and thereafter as per sanction given in ROP F.Y. 20261 2027.

7.

It has also been informed to me that the above mentioned empanelment as Special Doctor is not recruitment on a job and I will not claim any regularization /Nenifits/Perks allowance under NHM except of the given incentives.

8.

It has also been informed to me that I will be bound by the terms and conditions mentioned in MOU and I will act as per the roster (which can be amended time to time as per the requirement). 9.

It have been informed that I will be available as per the roster and when so ever my presenceis required for the purpose. 10.

I have been informed thatmy empanelment will be terminated if I fail to give services 3 consecutive times as per roster (without any information). "

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 Sham Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No