Legal validity of an agreement between two inequal parties


dear ll experts,

                             Can you plase elaborate in details the standing of an agreement or how to challenge the agreement between workman and employer obtained under duress ,under threat of termination   and is causing injury to the workman .Agreement is signed by workman under no other option out or face termination and same agreement terms are dictated by employer suiting their interests ,workman has no bargaining power hence victimised the workman under a agreement to give it legal look.

                               Employer has  done the same with other employees also and we collectively wish to lodge the case for the same.

                              We all are workman and employer is 400 crore company having HO at Bangaluru.

                             Please elaborate on details for the benefit of all lawyersclub members , how can be those agreements be challenged and where to file the case.

                          Regards

                          Jagtar

 
Reply   
 
Consultant

Very simple, duress or pressure has to be proved in the labour court or any other competent court of law. All the employees can become witness of each other in the case against the company.

 

 

 
Reply   
 



Hello Mr.Jigyasu ,

                               heartly thanx for the expert advise and need your valuable time to have further clarification please

1--   Employer has done so to give (the resignation obtained by us under threat ) a legal look , and while submitting resignation same is mentioned in resignation  the conditions of agreement  while tendering the same , so what should be our plee before court

A)_-- Declaring agreement illegal

Or

B)- Obatining resignation under duress

or both

Regards

 

 
Reply   
 
Consultant

Nothing can be predicted without discussion of case history of individual employeers as well as the terms of agreement. So, your present questions have no relevance in the absence of the case related facts and background of the real life incidents.

 

 

 
Reply   
 

agreed Sir g , can we send  scan copies of the  of the papers please

 
Reply   
 
Consultant

You send. How many documents with number of pages are there?

 

 
Reply   
 

approx 20 pages and issue of getting it public, i donot wish to disclose the details, any other option please

 
Reply   
 

Dear Mr.jigayasu,

                                 i can send you scan copies but issue it will be disclosed on this forum to all members , which i wish to avoid, any other option please

 

                            Regards

                             

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics