Breach of employment agrremnt
trimurthy reddy
(Querist) 10 April 2012
This query is : Resolved
Dear experts, I need your suggestions on the following.
Case background: Employer sent a notice thru lawyer firm-- a liquidate damage claim-- on contract breach—
While offering employment from campus selection, employer took an agreement /contract on 100 Rs stamp paper—(which is having technical errors like stamp paper was brought on 10thAND notary authority signed on 15th(IT LOOKS IT WAS BLANK ONE –agreement was typed AND signed on 20th of same month ) and
I am claiming Content of the agreement null and void on the following reasons—
01. It was clearly one sided
02. it was having above said technical errors -- stamp paper buying date on 10th of October and notary authorized signatures date 15th (it might be blank typed with standard format but the ) --agreement notary signed authority was from remote town of Andhra Pradesh and signed in AP—But typed content of agreement says—MADE AT MUMBAI –ON 20TH (BUT AUTHORISED SIGNATURE SHOWS 15TH )
03. Mentioned training duration 12 months-in fact training was happened for one month training only they gave certificate of training completion from Coimbatore , tamilnadu and posted the job in Hyderabad where one year job service was given by employee.
04. In the event of dispute or disagreement over the interpretation or any claim liability of any part including the surety the same shall referred to a nominated person BY EMPLYER AND HIS DECISION IS FINAL AND BINDING UP ON PARTIES AND EMPLOYER ALSO TAKE ALL THE OPPERTUNITIES BY CLAIMING ALL THE ARBITRATION SHALL BE Mumbai-
MY QUESTION -IS THIS STANDS INFRONT LAWS OF INDIA ON NATURAL JUSTICE TO EVARY ONE) I feel arbitration or hearing can be where the employee performing duties or delivering the services at the time of disputes as I come across a case of same organization it can be America if employee working in US means)
FACTS:
After one year service employee was on leave for marriage and resumed the job after marriage—after working one month she again went on leave on–medical grounds and pregnancy reasons //she was absent for three months
SHE SUPPOSED TO INFORM OFFICIAL ABOUT HER SICKNESS WHICH SHE DID Y VERBALLY TO HR CO-ORDINATOR.
To make it official or written one they can cancelled her log in details so she cannot log in thru web portal where she supposed to apply/file a request for a written leave..
Once She cured she visited the HR MANAGER (PHYSICAL PRESENCE FACE TO FACE) ------ AND GAVE HER EXCUSES BY PRODUCING MEDICAL CERTIFICATES (TRUTHS) BUT HR MANGER WENT HARSH AND ABUSE HER WITH BAD COMMENTS ON PREGNANCY PROBLEMS-HE TOLD –SHE WAS ALREADY TERMINATED GET LOST FROM THE OFFICE—being a lady she took all the insults and back with empty hands –(mistake from our end we did not file a suite at that time on ground reasons a lady//respect on the firm which gave food for one year)
After 6 months of this incident the guarantee received a notice from employer representatives claiming liquidate damages 50,000 on breach of contract or agreement (which is having above technical errors) and guarantee replied after inquiring with the employee with support documents and requested the claimant to give her job back as she is ready to Join back and she was not working anywhere since the date of employer harshen staying at home only.
One and half year the claminat was in silence—no response to the guarantee reply
Now the case in front of arbitrator in Mumbai hearing is on 26th of this month –I am staying in Hyderab
I mean usually these type of contracts will stand in court or not?
Could i know the consequences and % of chances wining and loosing being a female employee-- i am looking for some what accurate --according i will prepare to fight the case or compromise---
ajay sethi
(Expert) 10 April 2012
under the terms of agreement in event of any disputes it has to be referred to arbitration . the venue is in mumbai .
it is binding upon you . yo have to contest arbitration proceedings fialing which award will e passed against you .better compromise as amount involved is only rs 50,000
