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suhas Divekar (service)     31 May 2008

breach of contract

Dear Sir,
i was working for one speciality chemicals manufacturing co.on a senior post for 10 yrs. from 1996-2006.
In 2003 the main owner of the company died and his his son had taken over.That time the condition of the company was not good and was about to become a sick unit.
one fine day his son decleared that he is going to collaborate with some foreign company .He  came to the factory with some set of agreements with him on the name of individual technical staff and asked senior peoples that this foreign collaborator needs that each technical staff of this company should sign this secreacy agreement before collaboration.
He was in so much hurry and didnt gave us time to read that agreement but forced us to sign that secreacy agreement .
Then that foreign collaboration never realised ,company was running as usual ,company was defaulter in pf/esic offices as not deposited money against pf/esic inspite of deducting from salaries of employees.This i am writing just to have an idea of condition of the company.
Having fade up with this situation of the company i resigned one day from services i.e. in February--2006.to join some other company in the similar field.
Son called me and threatened that i can not join any company which is competitor to his company.
i said why??
he replied in that secreacy agreement there is one clause no 10 which prohibits me from joining any competitor company for 3 yrs.
i said--you have not given me copy of the agreement .Then he had given me one xerox copy and said i will go up to supreme court if u join any of our competitor.
infact i am working presentlyina company which is coppetitor to that in some products but range of products is more here and almost 50 % products are totally different than my earlier company.
now he had sent me a notice after 2 yrs of leaving that company why legal action should not be taken against me ?/
please advice me what i should do in this situation ???


Learning

 5 Replies

Ajay kumar singh (Advocate)     01 June 2008

The owner kept mum for two years. It means that he has accepted ur resignation.Otherwise,he should have immediately informed u that ur resignation has been rejected. His notice may be replied asking him why action should not be taken against him for not depositing his part of the PF, getting the agreements signed by employees on false plea of collaboration and for not informing for two years whether he accepted ur resignation or not. There is nothing for u to fear.

suhas Divekar (service)     02 June 2008

Thank you sir,for your kind advice.

Guest (n/a)     03 June 2008

Sir in 2001 a share broker took all my VRS amount, in the guise of investing in shares, made a breach of trust, promised interest, never paid, gave me dud cheques and fled to Chennai. lodged a case in Magistrates Court. Verdict came in my favour. He didnot pay even a single pie. Now, the accused has gone to Sessions Court. Meanwhile, my adv. wants to jump fence. I am left with no one. Fortunately, whereas, I showed only two entries in my PassBook earlier, presently, while rummaging I chanced upon another PassBook with three more cheque payments in his name. Can I courier this to the Sessions? Otherwise, how can I reach the Passbook copy to him. Nobody is guiding me. In betrayal of my adv. can I argue my own case, since, I cannot afford another adv. I'm 58 and my hearing is failing.

Guest (n/a)     03 June 2008

Sir in 2001 a share broker took all my VRS amount, in the guise of investing in shares, made a breach of trust, promised interest, never paid, gave me dud cheques and fled to Chennai. lodged a case in Magistrates Court. Verdict came in my favour. He didnot pay even a single pie. Now, the accused has gone to Sessions Court. Meanwhile, my adv. wants to jump fence. I am left with no one. Fortunately, whereas, I showed only two entries in my PassBook earlier, presently, while rummaging I chanced upon another PassBook with three more cheque payments in his name. Can I courier this to the Sessions? Otherwise, how can I reach the Passbook copy to him. Nobody is guiding me. In betrayal of my adv. can I argue my own case, since, I cannot afford another adv. I'm 58 and my hearing is failing.

Guest (n/a)     03 June 2008

Sir in 2001 a share broker took all my VRS amount, in the guise of investing in shares, made a breach of trust, promised interest, never paid, gave me dud cheques and fled to Chennai. lodged a case in Magistrates Court. Verdict came in my favour. He didnot pay even a single pie. Now, the accused has gone to Sessions Court. Meanwhile, my adv. wants to jump fence. I am left with no one. Fortunately, whereas, I showed only two entries in my PassBook earlier, presently, while rummaging I chanced upon another PassBook with three more cheque payments in his name. Can I courier this to the Sessions? Otherwise, how can I reach the Passbook copy to him. Nobody is guiding me. In betrayal of my adv. can I argue my own case, since, I cannot afford another adv. I'm 58 and my hearing is failing.

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