Recovery suit for damages
mohit bhardwaj
(Querist) 26 July 2012
This query is : Resolved
can a employer file a suit for recovery against a employee as a fix bond amount clearly mentioned in the agreement (left company without notice in probation prior) without service of legal notice. in that particular case company has only the employee's permanent address not the present address, where the family members of that employee refuse to receive notice.
PARDEEP KUMAR
(Expert) 27 July 2012
Query incomplete, see service of notice, summon is invariably required, however, if criminal context is also there, procedure as envisaged under section 82 of the Code of Criminal Procedure,1973 can also be resorted to by the court.
c.p.s. ramachary
(Expert) 27 July 2012
You have obtained agreement from the employee. You can file suit for liquidated (fixed) damages for breach of any of the terms of the agreement. So why do you get doubt about your right. Service of notice of action is not mandatory(unless recited in the agreement).
mohit bhardwaj
(Querist) 27 July 2012
sorry it was wrong typed ... not recovery it was damages ......
i want to ask one more thing that we know where they employee currently working , can we send legal notice to those employees through the employed company
JANAK RAJ VATSA
(Expert) 28 July 2012
not thru the company but to the ex employee c/o his present company
