Validity of agreement which having technical errors.
trimurthy reddy
(Querist) 10 April 2012
This query is : Resolved
Dear experts--
need uregent help as hearing is due on 26th of this month.
can you confirm the attched agremment can taken as valid doccument---even the following errors in original
1.notray person signture shows 15--of october and content written on 20th- OCTOBER--(means persons not presented while notary authority signs--
2.NOTARY DONE IN remote town of andhra pradesh -- but content shows MADE AT MUMBAI--
3.i did not find employer signature on this --unless the SURETY SIGNED BEHALF OF EMPLOYER--WHICH MENTIONED IN THE END --IF I UNDERSTAND PROPERLY(can be like this)
4.SURETY--second part of agrremnent can be signed behalf of employer---------------- i didnot find any signature of the employer in the agreement.
5.if the matter of conflict is under arbitration now--Could i send my relative as an agent an Agent --Is this fine practice (i feel nothing much to arguements-- beacuse-appointing a lawyer in mumbai will make around some 5-10k which gr8 part of total compemsation 75,000 and reason for invocation of claim is absent of Female employee on medical grounds-pregnancy with out notice--employee version-- company removed user account from web portal where she supposed to apply)
6.what will be chance of wiving/reducing the the liquidity amount if we contest this case in front of arbitrator --
with real factors like Medical grounds/pregnacy resons(reason for termination of employement is absent for duty with out notice--even verbal comuication was there prior to leave and once Medically fit i was ready to resume duties and -Met HR MANGER FACE TO FACE-he harshed/abused and told you are terminated but -no termination notice is sent to me in address mentioned in contract or regular mailing address))
please give your valuable opinions /suggestion for my hearing infornt of arabitrator is due on 26th of april..
bregards,
TR
trimurthy reddy
(Querist) 10 April 2012
Dear experts--
need uregent help as hearing is due on 26th of this month.
can you confirm the attched agremment can taken as valid doccument---even the following errors in original
1.notray person signture shows 15--of october and content written on 20th- OCTOBER--(means persons not presented while notary authority signs--
2.NOTARY DONE IN remote town of andhra pradesh -- but content shows MADE AT MUMBAI--
3.i did not find employer signature on this --unless the SURETY SIGNED BEHALF OF EMPLOYER--WHICH MENTIONED IN THE END --IF I UNDERSTAND PROPERLY(can be like this)
4.SURETY--second part of agrremnent can be signed behalf of employer---------------- i didnot find any signature of the employer in the agreement.
5.if the matter of conflict is under arbitration now--Could i send my relative as an agent an Agent --Is this fine practice (i feel nothing much to arguements-- beacuse-appointing a lawyer in mumbai will make around some 5-10k which gr8 part of total compemsation 75,000 and reason for invocation of claim is absent of Female employee on medical grounds-pregnancy with out notice--employee version-- company removed user account from web portal where she supposed to apply)
6.what will be chance of wiving/reducing the the liquidity amount if we contest this case in front of arbitrator --
with real factors like Medical grounds/pregnacy resons(reason for termination of employement is absent for duty with out notice--even verbal comuication was there prior to leave and once Medically fit i was ready to resume duties and -Met HR MANGER FACE TO FACE-he harshed/abused and told you are terminated but -no termination notice is sent to me in address mentioned in contract or regular mailing address))
please give your valuable opinions /suggestion for my hearing infornt of arabitrator is due on 26th of april..
bregards,
TR
ajay sethi
(Expert) 10 April 2012
as already advised to you on first date of hearing arbitrator merely gives directions .
claimants have to file statement of claim .
you are given time to file reply .
then rejoinder .
also advised you that settlemt is advisable but may not be possible on first date
the issue as to validity of agreement , its effects have to be dealt with on going through the claim filed by claimants
A. A. JOSE
(Expert) 11 April 2012
I too agree with above view.
trimurthy reddy
(Querist) 11 April 2012
Dear all,
thanx for your replies--
Dear ajay sir,
PLEASE DONT TAKE THE FOLLOWING AS ARGUMENTS--just requesting information..
The source for claim is AGREEMENT--
or not?
2.breach of the contract applies--if the employee-dropped/and wants to discontinue and look for better career prospectives means i agreee with you--
IF THE EMPLOYEEE WAS SICK ON MEDICAL GROUNDS PREGANANCY REASONS--EMPLOYER DONT ACCPETED HER BACK AFTER RECOVERY--
WHO MAKE BREACH OF CONTRACT--HOW IT COMES BREACH OF CONTRACT--MOREOVER EMPLOYEE WAS NO WHERE WORKED AFTER THAT-WHERE A CHANCE IF SHE GOT BENFITS FROM EMPLOYER--IF IT IS BY TRAINING EMPLOYER CLAIMS MEANS - TRAING FOR TASK TO ACCOMPLISH--NOT FOR PERSONAL GROOVING OR ENHANCEMENT--WHAT ABOUT THE WORK CONTRIBUTED BY EMPLOYEE-(TRAININGG FOR ONE MONTH GIVES PRACTICALLY NOT FOR 12 MONTHS-
ajay sethi
(Expert) 11 April 2012
madam
all these legal issues have to be argued before arbitrator . they are suing you as you have breached terms and conditions of contract .
you have to work for the period mentioned in contract .
the issue as to whether agreement is valid or not has to be decided by arbitrator . you have to prove you were given 1 month training
