RSA No.349 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.349 of 2006 Date of Decision: 10.12.2008 Dr.Bal Mukund Shastri .....Appellant Vs. Gaur Brahman Vidya Parcharni Sabha and another ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.N.K. Malhotra, Advocate for the appellant. Mr.Ramesh Hooda, Advocate for the respondents. .... RAJIVE BHALLA, J (Oral) Challenge in this appeal is to judgements and decrees dated 19.9.2002 and 29.8.2005, passed by the Additional Civil Judge (Senior Division) Rohtak and Additional District Judge, Rohtak, dismissing the suit and the appeal filed by the appellant, respectively. While working as the Principal of Gaur Brahman Ayurvedic College, Rohtak, the appellant was dismissed from service. Challenge to this order before the trial Court, as also the first appellate Court was dismissed on the ground that the respondent is a private society and, therefore, the only remedy available to the appellant is to file a suit for damages. I have heard counsel for the parties and am of the considered opinion that the impugned judgements do not suffer from any error, whether RSA No.349 of 2006 2 of fact or of law. It is a settled position in law that a contract of personal service cannot be enforced. The only remedy available to an aggrieved employee, in such a situation, is to file a suit for damages. As a result, the findings recorded by the Courts below are affirmed. The appeal is, therefore,dismissed. Before parting with the judgement, it would be appropriate to mention here that under Haryana Affiliated Colleges (Security of Services) Act, 1979, the State of Haryana has constituted a Tribunal to consider and adjudicate service disputes relating to these colleges. The appellant may, if so advised approach the Tribunal under the aforementioned enactment for redressal of his grievance, in accordance with law. 10.12.2008 (RAJIVE BHALLA) GS JUDGE