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Agreement breached by the school

(Querist) 09 July 2012 This query is : Resolved 
Dear Experts,
I am from teaching profession , recently i have a joined an international school where i have entered an agreement in the month of may2012 , in that particular agreement had wordings with regard to my salary as Rs10000 PER MONTH WHICH INDICATES THE COST TO THE SCHOOL,but the school calculatedmy salary for Rs8400 and had a deductions of Rs 927 and my take home was Rs 7470 but i was told that i would be getting a take home salary of Rs10000 ,In continuation to that I asked for the clarification from Mrs.SSM Priya (Correspondent)for which I never had a clear explanation on calculation part but I was told that I would be getting my full salary from the coming month, but my salary for the month of June was calculated similarly to the may month so i gave my resignation stating that school has breached the terms and conditions of the agreement,i have given my resignation and got a recived copy for the same.in reply to my resignation letter school refused to give my original documents which was submitted at the time of joining.Kindly guide me to sole this issue and to get back the original documents
Guest (Expert) 09 July 2012
Dear Geetha,

Issue a legal notice calling upon the school authorities to return you the original documents. In the event, the school authorities fail to return the same, you will have to file Suit for Declaration & Mandatory Injunction praying the court to direct the school authorities to hand over the original documents.

I handled a similar case where the Company did not return the Original documents as such I had to file suit as above for return of documents.
geetha (Querist) 10 July 2012
Sir,

Thank you for your reply,Kindly let me know in which court i sholuld approach.
ashutosh mishra (Expert) 10 July 2012
CIVIL COURT OF THE DISTRICT WHERE SCHOOL SITUATES,MA'M.
Guest (Expert) 10 July 2012
Ashutosh has replied it. Where the cause of action has taken place, is the place you will have to file the suit. But prior to it, get a legal notice issued through a Lawyer, as the act of the School authorities is contrary to the principles of law.
c.p.s. ramachary (Expert) 10 July 2012
I agree with the opinion of Expert Mr.Yougesh V. Nayyar


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