Issue with ex-employee

sree 9491505984 (Querist) 16 August 2013 This query is : Resolved
Hello everyone,

I have an agreement with my ex-employee at the time of joining in my firm that if he resigns from my company, he can not join in my competitor firm for some period (3 Years). now my ex-e/ee joined with my competitor from the very next day relieved from me. can I proceed against him in court of law. which court i can approach? Please reply me.

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Devajyoti Barman (Expert) 16 August 2013
No blanket bar can be created in restraining an employee in joining in rival company.
Anti competitive agreement is enforceable only if the restrain clause id reasonable.

V R SHROFF (Expert) 16 August 2013
YES, You can proceed against him in court of law.

which court u can approach is a head ache of your Advocate, so Let Adv decide jurisdiction.

sree 9491505984 (Querist) 16 August 2013
Thanks for he reply sirs..
My doubt is will it be a civil dispute or Industrial dispute ?

Guest (Expert) 16 August 2013
Mr. Sree,

Your query is irrelevant on the ground that you have not mentioned in what capacity you employed the person.

Secondly, Shri Shroff has already given you the clue how to proceed further. When you can afford fee of a lawyer seeking a free advice is not understood. Asking your supplementary query wonders me to know if you prefer to fight the case in a court of law personally and without the assistance of a lawyer. If you have to hire a lawyer to fight the case, would you be required to tell him whether he should file a case in the court or industrial disputes tribunal?

Raj Kumar Makkad (Expert) 16 August 2013
I do agree with the advice of Ld. Dhingra ji.

Anirudh (Expert) 16 August 2013
Dear Mr. Sree,
You have to approach the Civil Court only.

Devajyoti Barman (Expert) 17 August 2013
If you are not in managerial position then you can lodge complaint with Labour Commissioner.

ajay sethi (Expert) 17 August 2013
you cna fford legal fees . contact a local lawyer and move civil court for necessary reliefs

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