https://www.taxtmi.com/caselaws?id=197863 The SC held that a post-service restrictive covenant triggered only when an employee "leave[s] the company" could not be enforced after the employer terminated the employee's service. Construing the phrase in its ordinary and contextual sense, the Court found it referred to a voluntary departure by the employee, not dismissal or termination by the employer. Because the contractual restraint never arose on its terms, the employer could not rely on it against the respondent. The Court therefore found it unnecessary to decide whether the clause was void under Section 27 of the Indian Contract Act, 1872. en-us Fri, 09 May 1980 00:00:00 +0530 Thu, 17 Feb 2022 17:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197863 The SC held that a post-service restrictive covenant triggered only when an employee "leave[s] the company" could not be enforced after the employer terminated the employee's service. Construing the phrase in its ordinary and contextual sense, the Court found it referred to a voluntary departure by the employee, not dismissal or termination by the employer. Because the contractual restraint never arose on its terms, the employer could not rely on it against the respondent. The Court therefore found it unnecessary to decide whether the clause was void under Section 27 of the Indian Contract Act, 1872. Case-Laws Indian Laws Fri, 09 May 1980 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197863