Rahul Kumar Soni (MT) 22 July 2013
I have breached a service bond signed on a non-judicial stamp paper. It was a 5 year service bond at a PSU but I left it within 8 months. I just want to ask what maximum can be done by the company. How far can be gone with a non-judicial stamp paper? Can any type of court in India be reached for this purpose?
Kumar Doab (FIN) 22 July 2013
You may show the job advertisement, interview call letter, offer letter, appointment letter, bond………………..etc to a competent and experienced labor consultant/service lawyer, specializing in such matters………………………..
Your lawyer that has seen the docs and has analyzed the merits can advice you best.
If no notice period was tendered and served and the tasks were not properly handed over due to which the Employer might have suffered it may claim for: Financial or any other Loss…………………….
Company may claim Notice pay as per the exit clause of appointment letter……
It may claim compensation to be given by one party (Who broke the contract) because of the breach of contract……………….as stated in the bond……….
The basic purpose of damages is to put party whose rights have been violated in the same position, so far as money can do so, as if his rights have been observed. When compensation sum is named in a contract as the amount to be paid in case of breach then it is know as liquidated damages.
If the damages are not given in contract then it is ‘un liquidated damages’ and these damages will be defined by court on the bases of reasonableness and facts of the case.
Compensation amount mentioned in contract will be maximum damages if court found that amount is not reasonable then it can reduce it because compensation is only given for losses……………………
IN the meantime you may go thru the attachments.
Sudhir Kumar, Advocate (Advocate) 23 July 2013
well elaborated by Mr Kumar Doab.
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