Breach of Contracts by the Employee

Querist : Anonymous (Querist) 05 August 2011 This query is : Resolved
AN EMPLOYEE JOINS A PVT. LTD. COMPANY AND VOLUNTARILY EXECUTES "INDEMNITY BOND" OF2 LAKHS AS WELL AS "EMPLOYMENT AGREEMENT" (BOTH NOTARIZED)TO WORK FOR 2 YEARS.AFTER ONE YEAR, ONCE HE RECEIVED ANNUAL BONUS, HE ABANDONED THE JOB ON THE PRETEXT HE WAS NOT WELL.ON RECEIVING A COMPANY NOTICE HE SENT IN HIS RESIGNATION SAYING THAT WORK CONDITIONS WERE NOT COMFORTABLE.HE WAS SUPPOSED TO WORK FOR TWO YEARS OR PAY THE INDEMNIFIED AMOUNT. UNDER WHAT PROVISIONS OF LAW HE CAN BE SUED FOR THE RECOVERY OF INDEMNIFIED AMOUNT.?. WHAT ARE OTHER REMEDIES WITH THE EMPLOYER.?

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H. S. Thukral (Expert) 05 August 2011
damages for breach of contract

Raj Kumar Makkad (Expert) 05 August 2011
Suit for specific performance.

K.S.Srinivas (Expert) 05 August 2011
File a suit.

Guest (Expert) 05 August 2011
First send him a notice for deposit of bond amount. On his failure to respond appropriately, you can sue him for damages and recovery of bond amount.

H. S. Thukral (Expert) 05 August 2011
Mr. Makkad,
A contract of personal service can not be enforced by specific performance.

M/s. Y-not legal services (Expert) 05 August 2011
Mr.harbajan, how you are stating like that? I think mr. Makkad is right only. Cos already both they were entered in to am agreement.. Then whats the problem here to file suit for specific performance.. While any one jerked from earlier agreement.

M/s. Y-not legal services (Expert) 05 August 2011
Am not deny your words sir blindly.. Eagerly am asking.. Just clear me. Your stated words are correct? Clear with illustrations please.

H. S. Thukral (Expert) 06 August 2011
There are several judgments of SC and various HC's . There are special laws where contract for personal services can be enforced like Industrial Dispute Act. You can claim reinstatement in service under it. Article 311 of Constitution of India also provide for reinstatement. Civil Law only provides for damages. You can not ask for reinstatement in service by filing a civil suit or ask your servant to serve you if he does not want to.

I usually don't contradict any of Experts until I am sure.

M/s. Y-not legal services (Expert) 06 August 2011
thank you for your response harbajan sir..

girish shringi (Expert) 06 August 2011
Mr.Queriest
What was the written statement of the employee....Refer it "Work conditions were not comfartable".
Ask the detail first then think to proceed cauz in many manufacturing units I have visited found low grade of environment and I had to give notices to closure of such units on behalf of employees and their unions.
So be careful otherwise lene ke dene na pad jaye.

Ajay Bansal (Expert) 06 August 2011
Agreed with P.S.Dhingra.

Querist : Anonymous (Querist) 06 August 2011
The Pvt Ltd Company is engaged into global equity trading having office in India too.The employee was recruited as a "Research Analyst" for feeding the data to the "Traders" on the desk.A portion of his reply is "......I had joined the company as “Research Analyst” in the quantitative field. Even after repeated requests company didn’t provide any database or analytical tool. As a person who wants to develop his career in Quantitative finance, my career growth prospects was stagnant in your company since I did not get any opportunity to work on mathematical or programming front in the last one year of my tenure." This was only ploy to quit and join our rivals.The object of the Company is to enforce its regulations strictly, and does not want the disgruntled employee back.

This is an offer:-
THIS COMPANY ALSO NEEDS A CERTIFIED CHARTED ACCOUNTANT COMPANY, HAVING FULL KNOWLEDGE OF SEBI REGULATIONS AND EQUITY TRADINGS, ON RETAINER SHIP BASIS.GOOD PACKAGE IS OFFERED.REPLY WITH BIO-DATA OR CALL 09815699934

Breach of Contracts by the Employee

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