jagtar singh 10 November 2017

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

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7 Replies

(Guest)

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.

jagtar singh 12 November 2017

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

B)- Obatining resignation under duress

or both

Regards

(Guest)

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.