Need help - previous organization troubling

Did you sign any clause/agreement, on Non Compete, Non Disclosure, Non Solicitation , Trade Secrets, etc?

Indian Courts of law have consistently been declining to enforce Non Compete Clauses post termination of employment.

You may succeed to declare the action of the company as ‘Discriminatory retaliation’ ‘Criminal Defamation’.

You should show job advertisement, job application, interview call letter, offer letter, standing orders applicable to the establishment (Certified/Model), appointment letter, HR policy at the time of joining, Revised policy, email communicating revised policy, service rules, exit policy, and your KRA’s, and detail of nature of duties etc……………….resignation to your labor consultant/service lawyer.


The lawyer that has analyzed the documents and inputs may opine that the employee is covered as ‘Workman’ as in ID Act, “Employee’ as in Shops and Commercial Establishments Act.

The employee shall be properly informed after consulting his lawyer and can take a well informed and qualified decision.

You have the option to popularize the acts of the company thru IT Employees Unions , Trade Unions……………..

https://www.itecentre.co.in/  {https://www.itecentre.co.in/node/159}

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals, https://www.unitespro.org/

https://www.wbitsa.org/

www.itpfindia.org/‎

There are trade unions that are willing to embrace IT employees e.g. CITU, AITUC, INTUC etc…………………….and leaders of Trade Unions know how to handle such matters.

However appear in court thru a competent and experienced lawyer specializing in such matters.

Thanks Sir for the response

At present the current notice from the court is based on section 156 (3) cr pc and IPC 406

- they are detailing about solicitation of a client prospect by me when I joined a my new organization as a breach of confidentiality

- They are also talking about me joining a competition organization

My view on the abovesaid is 

1. No list of competition or customers were given to me as a debar list and neither I have signed such list

2. if competition clause is something then perhaps no middle level executive can join any other company. For e.g. if someone is a corporate lawyer specializing in IPR in some firm, then if he leaves a job  then he cannot work as an IPR lawyer anywhere 

3. The skills developed overtime and expertise of selling an IT solution will get you a similar kind of job in the industry. You simply cannot switch careers in IT and move to FMCG

4. On the solicitation of a customer prospect from my older organization - here I would like to state that in the current social environment where business eco-system is open then we can solicit any prospect as long as we are not negatively pitching against a firm. I had done a simple introduction with the prospect with no follow-ups

5. Asides to the above, they are highlighting issue related to last year after which I had a no further issue closure recvd from labour court settlement

This current summon just seems to be personal vendetta and victimization from the older organization to create hurdles in my career path and putting me in a mental/personal/emotional/financial fix

Please advise as to what I should do

I think the best counselor in the case is yourself. Your collective information will help you and just take a little help from practitioners of court matter, interpret it with law and just done.

Else it would be costly affairs for you.