service agreement break
Bobby_12345
(Querist) 25 July 2011
This query is : Resolved
Dear All,
I have written a service agreement for 3 years. If not company wants me to pay 5 lakhs. i was left the company in the month of Jan'11 without intimation. Now i recieved a legal notice to pay 5 lakhs with in two weeks. But i am unable to pay the amount as i am financially weak. The company is having all certificates.
Pls suggest me to come out of this problem and to get my cetificates
ajay sethi
(Expert) 25 July 2011
you have not enclosed copy of the agreement . in addition you have not mentioned what certificates are in compny posession .
without perusal of service agreement no advise can be given by any lawyer
Bobby_12345
(Querist) 25 July 2011
i didnot have the copy of aggrement and company is not provided any copy of agreement.
Certificates means all my educational certificates.
ajay sethi
(Expert) 25 July 2011
in reply to legal notice you can ask for copy of the service agreement on basis of which sum of rs 5 lakhs is being demanded . you cna take the stand that without copy of the agreement being furnished it is not possible to reply to legal notice
Bobby_12345
(Querist) 26 July 2011
Dear Ajay
At the time of joining company is not interested to give the copy of agreement. Now the MY HOD(HR MANAGER) is not accepting to provide the copy of agreement.
ajay sethi
(Expert) 26 July 2011
you have been issued legal notice by company calling upon you to pay rs 5 lakhs as you have contravened terms and conditions of service agreement .
legal notice has to be replied by you .
as mentioned earlier you have to ask the company the basis of which sum of rs 5 lakhs is being demanded . in addition you can call upon the company to furnish copy of the service agreement allegedly signed by you at the time of joining the company
Bobby_12345
(Querist) 26 July 2011
Dear Ajay and Tom,
I haven't received the legal notice myself. The letter was received my father and he opened and taken xerox the notice, and send back the notice to company it self as i am not in that address. Because it is a register post.
Bobby_12345
(Querist) 26 July 2011
how can i reply to that notice. What will be the next step by the company.
ajay sethi
(Expert) 26 July 2011
it would be advisable to contact a local lawyer and furnish him copy of notice received by your father . he will draft a reply to legal notice and send it to the company
Bobby_12345
(Querist) 26 July 2011
when i was not received the notice how can i give reply to that notice sir. I think if receive the notice then only i can give reply. With help of postman we opened the notice, taken xerox and send return that notice stating that i am not living in that address.
Guest
(Expert) 26 July 2011
SIR,
YOU MAY KINDLY NOTE THAT.
1.EMPLOYMENT IS A CONTRACT BETWEEN EMPLOYER AND EMPLOYEE.
2.YOU MAY REFER YOUR JOB OFFER AND APPOINTMENT LETTER FOR THE TERMS AND CONDITITONS OF SAID JOB AND ALSO REFER SERVICE REGULATIONS OF YOUR CO.IF ANY.
3.AS YOU HAVE SIGNED THE BOND TO SERVE THE CO.FOR CERTAIN PERIOD AND HAVE LEFT THE JOB WITHOUT NOTICE .THE CO HAS SENT YOU THE LEGAL NOTICE.IT IS RECEIVED BY YOUR FATHER.
4.THE COMPANY MAY FILE A CIVIL SUIT IN THE CIVIL COURTS FOR RECOVERY OF BOND AMOUNT.YOU CAN DEFEND THE SAME STRONGLY WITH THE HELP OF LEGAL EXPERTS.YOU WILL SUCCEED.
5FOR RETURN OF YOUR CERTIFICATES YOU MAY FILE A WRIT PETITION TO HC MENTIONING ALL FACTS AND KINDLY TAKE HELP OF SOME LEGAL EXPERTS AS DRAFTING SHOULD BE GOOD .
5YOU MAY ALSO SEND THE COPY OF SAID AGREEMENT IF REGISTERED OR NOT.WILL SEND YOU DETAILED REPLY.
6.YOU BE CONFIDENT AND DEFEND THE MATTER STRONGLY YOU WILL SUCCEED.GOOD LUCK.
NANDKUMAR B.SAWANT, M.COM.LL.B.,ADVOCATE
M/s. Y-not legal services
(Expert) 26 July 2011
Dear prasad, Whether its recieved by you or not, but if its served mean you have to give reply to that notice.
Bobby_12345
(Querist) 26 July 2011
Dear Tom,
no i didnt received. As i already told i have opened the notice and taken Xerox copy and return send the notice to company. Hence In this case i haven't received any notice. as for prior caution i asking for suggestion.
M/s. Y-not legal services
(Expert) 26 July 2011
So better you consult your advocate and give reply notice to your company in time. Its will help to avoid some unwanted issues. So just do it dear prasad.
M/s. Y-not legal services
(Expert) 26 July 2011
So as per record you didn't recieve any notice? But you know the contents of the notice, am i right?
Bobby_12345
(Querist) 26 July 2011
yes.Exactly. Now you got my point
M/s. Y-not legal services
(Expert) 26 July 2011
Yes. Its good one for you. Just sent your legal notice to your company. And before recieving your company's notice just cover all of their points in your legal notice.
Bobby_12345
(Querist) 27 July 2011
Pls find the attached document of the legal notice by the my company
M V Gupta
(Expert) 27 July 2011
I am not able to open ur document. However I may state that service bonds are generally taken by employers at the time of appointment in order to ensure that the employee does not stop abruptly after undergoing the initial training given to him and also to ensure that he serves for a fixed period of time. Your stopping from the duities abruptly is undoubtedly a breach of the service contract. However the courts generally do not enforce such bonds unless the employer porves actual loss or damages sustained by him, although they may partially allow the bond for breach of contract.
Bobby_12345
(Querist) 28 July 2011
can any body tell me the suggestion.
Bobby_12345
(Querist) 29 July 2011
pls can anybody help me
