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Ajit Kumar (Engg)     10 October 2012

Seeking advice regarding breach of service agreement

Dear Sir,
I was employed with a private firm in Maharashtra since aug 2010 to june 2011.At the time of joining I was asked to sign a bond for three years and 1.5 lacs value and to deposit a undated cheque of the same amount.since that time i had no option i submitted the same.Later,I left the job after 10-11 months since the environment was very tough and the promises we were made at the time of joining like free accommodation etc were not kept(though these promises were all verbal and not in written,the HR guy told us we'll be given all that shortly after we join the company).I even didnot receive my PF account number in the 10-11 months of service.After i learned that the company is not willing to give any of the things promised even after a lot of verbal communication with the management i left the job in june 2011.I dint gave any resignation because they would ask for 1.
5 lacs to accept that.now company has sent me a legal notice under sec 138.I want to know that am I liable to pay all the amount or i should fight back?whether that said 1.5 lacs should be paid on pro rata basis or the whole sum should be paid regardless of when someone leaves the job.I joined the company as a fresher and the agreement said that that amount(1.5 lacs) will be spend on my training and development so the company needs a written agreement but in fact no training for a single day was being given to me and i was directly send to work.Doesnt the company needs to clarify how it spend 1.5 lacs on me?what are my chances if i decide to fight back? do i need to be present in person or i may send my advocate at the time of hearing?Please give your suggestion



Learning

 3 Replies

Advocate Rohit (Advocate)     13 October 2012

Dear ajit,

 

If you have received a legal notice u/sec. 138 of negotiable instrument act, then you need to immediately reply to it through an Advocate, failing which a criminal complaint (for which you shall be put behind the bar/jail if you are proved guilty) shall be filed against you by the company. 

Kindly take it on urgent basis.

 

Reagrds,

Advocate Rohit Dalmia

9324538481

Mumbai

Kumar Doab (FIN)     13 October 2012

Mr. Dalmia has given valuable advice.Kindly follow it.

You have posted that:

--"I joined the company as a fresher and the agreement said that that amount(1.5 lacs) will be spend on my training and development so the company needs a written agreement but in fact no training for a single day was being given to me and i was directly send to work."

Company has violated and misused the agreement.

--"Doesnt the company needs to clarify how it spend 1.5 lacs on me?".Yes.

You may approach a competent and expereinced labor consultant/service lawyer, and blast the contentions of the company by citing facts.

You may approach o/o Labor Commissioner and appeal for detailed investigation.

Your lawyer can evaluate the merits and advice  to file a criminal case as well.

I there are many employees like you all of you be witness to each other.All of you can avail the services of one lawyer and this shall reduce your expenses as well.

Valuable advice of learned experts/members is sought.

umesh sharma (non)     19 October 2012

Dear Sir,

I joind an autonomous body of government of india in june 2005 on consolidated salary, than in june 2006 i was given government scale and that too on contract basis for three years, after that in 2008 a vacancy came in the same organisation for the higher post and i applied and got selected and joined, after three months from joining i was asked to resing from my prevoius pos ny my HR deivision and i resigned and that too from back date. inthe year 2012 my organisation again gave me a fresh appointment letter of the same pose Now i have 2-3 questions.

All the increments(Annual pay hike and increase in DA) are as per the government of India rules

1. wehter my service is break due to the technical resignation

2. Is there any provision of regularizatlion as i have comeleted six years on government scale

2. Can the comany terminate me if they wish

Please answer these quereies


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