(Querist) 19 August 2011
This query is : Resolved
sir, i m working as a centr coordinator for a competitive exams. according to the offer leter of the company if i leave the job without giving 3 months notice than i have to pay them 51000/- i joined two months back and this agreement will terminate itself after 1 year but now my boss is making pressure to do marketing job as well. but i am not interesed in that even she threatens to hold my salary if i dont do marketing. n she abuses & harass me. at the time of appointment i gave them cheque of 51000/- but i was told to sign offer letter as wel as undertaking on stamp paper for a cheque i signed the offer letter but not the undertaking. nw help me what to do. if i leave the the job then they will encash my cheque & if the cheque bounce or i ask my bank for stop payment i will b under legal consequences under Ni Act sec 138. suggest how to come out of the problem. whether not signing undertaking on stamp paper can help me to come out of this without paying them any thing. With Regards.
Kundan Kr. Singh
(Expert) 19 August 2011
In central inland water transport corpn v/s Brojonath Ganguly 1986 (3) scc 156 the supreme court held that any term which is so unfair and unreasonable as to shock the conscience of the court would be opposed to public policy therefore also void under section 23 of the contract act.The contract was not based upon a real consent .It was rather an imposition upon a needy person.The term is unconstitutional because it was so absolute that any officer could be made a target irrespective of his conduct good or bad. This matter not fall under section 138 NI act. Don't worry, be happy.
(Expert) 21 August 2011
i agree with Expert : Kundan Kr. Singh