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Ram (jr.Developer)     30 April 2013

Breaking bond

Hai all,

      I got a legal notice like summary clause stating broke bond and has to pay 151000. What to do for the reply.I have to reply or go to court within 10 days of notice that I received on.How to defend this?



Learning

 11 Replies

Adv k . mahesh (advocate)     30 April 2013

1.  provide full details of the job and what is the period of contract

2.  you have to give a reply notice to the legal notice and defend the points 

3.  if you have any known lawyer then you have to draft a letter with him because legally giving a reply should be welll with legal terms so be careful take a help of a lawyer

4.  have you received summons or what from your query you said only you received legal notice why court in 10 days 

Kumar Doab (FIN)     30 April 2013

 

You have received legal notice and summons from court or legal notice alone?

 

You have to appear in court if court has summoned you to appear on a particular date………and not within 10 days.

 

You may show the job advertisement, interview call letter, offer letter, (if it states that selected candidates have to sign a bond), appointment letter, bond, legal notice to a competent and experienced labor consultant/service lawyer or law firm specializing in such matters, give inputs in person, and understand the merits, and submit a fitting reply thru your lawyer to the legal notice and call for to withdraw the legal notice.

 

Were you employed elsewhere when you joined this company?

If you resigned from previous employment and this company demanded to sign a bond at the time of issuance of appointment letter or issued appointment letter after joining, and/or demanded to sign the letter after the issuance of appointment letter and having joined this company: your lawyer may opine that you had to join under duress, having no other option.

 

What is the ground of creating bond for this appointment: did the company provide any specialized training, which added to your qualification or provided some extra ordinary skills to you?

 

Did this company sent you abroad for specialized training and incurred some expenses on you?

 

Did you join as apprentice/trainee under management’s standing orders/apprenticeship act etc.?

 

Is it a bond or some service agreement or it entails some clauses on protection of IPR rights, non compete clause, non solicitation clause etc?

 

You may proceed under expert advice of your lawyer.

In the meantime you may go thru the attachments.

Valuable advice of learned experts/members is sought. 


Attached File : 947375976 417759075 validity of employment bonds.pdf, 947375976 background paper.pdf downloaded: 97 times
1 Like

Ram (jr.Developer)     30 April 2013

I received summons from the court.Actually court sent summons to our district court and one of the employee from district court gave me this summons.

Kumar Doab (FIN)     30 April 2013

 

You need to approach a competent and experienced labor consultant/service lawyer or law firm specializing in such matters,

 

You should have approached your lawyer on the first moment when you received notice from company/ legal notice from company’s lawyer.

 

If you wish to avail the services of LCI lawyer you can conduct search at:

 

https://www.lawyersclubindia.com/lawyers_search/#.UX-YBaKAqWM

 

Related Lawyer’s list is also being flasshed by LCI at the bottom of this web page.

 

Related 'Legal Documents' Lawyers

 

 

Your near and dear ones, employees forums/unions can also guide you to a competent and experienced lawyer, specializing in such matters.

 

 

Some of the IT/ITeS employees unions are given below. They cal also guide you.

 

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

 

 

It shall be civil suite.

Let us assume that you are terrified and may contemplate to pay the total amounts + costs as demanded by company.

If you contest court shall examine the merits and decide the reasonable cost if any to be levied on you. A competent lawyer can tell you in advance what will be the fate of the case file by the company.

 

You may proceed as deemed fit, at your end.

 


Attached File : 947375976 trade unions in karnataka.doc, 947375976 union and it sector real-time-chap-03.pdf, 947375976 union does it industry need a trade union.doc downloaded: 115 times
1 Like

Rajendra K Goyal (Advocate)     30 April 2013

Guidance by Kumar Doab is useful and shoud be followed.

Ram (jr.Developer)     01 May 2013

I received a summery suite specifying that my previous company filed a case of agreement breach and should pay 1,51,000.So,now is bond valid in India between a employee and company?If not why court accepted to give summery suite to me?Please give a complete reference to solve out.

Kumar Doab (FIN)     01 May 2013

 

You have entered into and agreement and signed the agreement by your free will.

The company has filed a case for breach of agreement by you.

Time is short i.e. 10 days as posted by you.

 

Approach a lawyer with all documents, give inputs and details in person, and give sufficient time to your lawyer to prepare the case after evaluating the documents, inputs and merits.

 

Since the matter is in court, court shall decide.

Ram (jr.Developer)     01 May 2013

Kumar Doab sir,Can u estimate what will be the decission of court if I defend by my lawyer.

Kumar Doab (FIN)     01 May 2013

 

NO.

 

Your lawyer who shall see all documents produced by you, company, who has analyzed the inputs given by you and merits shall be best placed to comment on it.

 

Valuable advice of learned experts/members is sought.

Kumar Doab (FIN)     01 May 2013

.

Adv k . mahesh (advocate)     01 May 2013

in all you have mentioned what company had did but from your end in what way you left the company within notice period or not

without that without any information no lawyer will tell how you will defend in the court 

because with proper procedure you have resigned the job then there will be no problem even if you have signed the agreement and left in mid way 


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