https://www.taxtmi.com/caselaws?id=277184 In a purely contractual employment relationship in an unaided educational institution, specific performance of service was not the normal remedy. Despite the employer's failure to obtain the written consent required under the Rajasthan Non-Government Educational Institutions Act, 1989, the employees' conduct and the resulting loss of confidence made reinstatement inappropriate, so compensation in damages was the proper relief. The Court also held that compensation had to be assessed on actual loss and service benefits, not by importing industrial law notions of automatic reinstatement and full back wages, and it enhanced the lump sum compensation accordingly. en-us Fri, 31 Aug 2018 00:00:00 +0530 Wed, 28 Nov 2018 06:33:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277184 In a purely contractual employment relationship in an unaided educational institution, specific performance of service was not the normal remedy. Despite the employer's failure to obtain the written consent required under the Rajasthan Non-Government Educational Institutions Act, 1989, the employees' conduct and the resulting loss of confidence made reinstatement inappropriate, so compensation in damages was the proper relief. The Court also held that compensation had to be assessed on actual loss and service benefits, not by importing industrial law notions of automatic reinstatement and full back wages, and it enhanced the lump sum compensation accordingly. Case-Laws Indian Laws Fri, 31 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277184