Very urgent precise help require

sonal (Querist) 12 March 2014 This query is : Resolved
hello guests,

i am working in pvt bank.where there is 90 days notice period and also a clause u cant join within six months any compititor bank.
i got call from very gud financial institution but bak not leaving me..what can i do? is restrictive clause on post termination valid under section 27 of indian contract act? wht remedy i have? pls help me judgemnts..I am begging all of guests..thanks

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Vidhi Joshi (Expert) 12 March 2014
The clause is void unless you are a "key managerial personal" in the organisation.

sonal (Querist) 12 March 2014
hi thankuu so much what is key manegerial personal? wht all theses? pls brief me.where cam i get all these info? any judgements or details..pls request.pls

Vidhi Joshi (Expert) 12 March 2014
Key managerial personal is someone who holds very important position in the company and is included to take part in deciding any strategic part or key policies of the organisation basically the person hold a senior position.

Rajendra K Goyal (Expert) 12 March 2014
Consult a lawyer dealing in service law.

ajay sethi (Expert) 12 March 2014
you are bound by terms of appointment letter . you have duly agreed to the terms that you wont join any competitor for 6 months on leaving organisation

Guest (Expert) 12 March 2014
Your earlier question at the following link was quite contradictory, as compared to the present question:

http://www.lawyersclubindia.com/experts/Require-urgent-help-please-458561.asp

Now you would have realised that your earlier question would not have led you anywhere, as specific problem has a specific legal implications on case to case basis. General queries cannot help in solving specific problems.

Now coming to your question, in disagrement with the views of Clone Panvel, I am of the view that the provisions of sec. 27 of the Indian Contract Act is quite valid and applies appropriately in your case. In fact you could have signed the competitive clause only after giving proper thought at the enty stage of service.

About remedy to the present problem, that could be possible to be suggested only after thorough examination of the agreement to find out any illegal or void stance included in the agreement. So, better get the copy of agreement examined by some expert to help you in the matter.