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Pradeep Vishwakarma (PROPRIETOR )     15 September 2019

Service contract rule

I am Advocate working in Taxation filed. I have make contract with company for providing Accounts & Tax cnosulting and service.  I was sending my staff in company. But sudenly company ifnom me oraly that you contract is concelled and called my staff directly and appointed in thier company with some bigger packag, without informing me. So this of matter comes under which court, and what is reamdy please advice. 


 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 September 2019

Ji, Is there any written contact with the company for providing your staff for accounting and Tax consulting?  What are the terms and conditions with that company?   And is there any agreement between you and your staff?  if no such agreement between you and your staff members, then they are at liberty to leave your firm and they may join in other company what they like.

1 Like

Was there any written contract between you and that company. based on that you can file for specific performance of contract.


jagadish paranjape (Advocate)     19 September 2019

Was there any contract between your firm and employees.In any case your employees can seek better opportunities and terms of employment and for that their new employer is under no obligation to seek your permission.

Pradeep Vishwakarma (PROPRIETOR )     22 September 2019

Yes Sir there is written contract between my firm and opposite company. I was giving them service from last five year perosnally. But before one year back they plan to go for IPO and Public listing. And there was only one  direct company staff who was HSC not qualifed for any Taxation and legal work. Then they requested  me to bring my personal staff and given commitment that they will give long term contract. Then they sign a contract and mention that they will do trial for 6 month and if contract not successfull with my staff then i will not leave my personal service of company.

And when I worked hard with my two staff and completed IPO work successfully. Then suddenly they called me and told oraly that your contract cancelled  and they cancel my personal service also. and tell me stop service immediately. Then I stop service and transfer my staff to my other client company.  And next day they called my both staff directly and offer them job. One of staff done some cheating taken cash from my other comany Rs.18000/-  on my name and joining this company without informing me and withouy giving any handover to me. I am always mentioning  in appointment letter of staff that you will not join any company where our contract is running, and if any company will give offer you need to inform me. But instead of this clause my one staff join directly on company offer. 

So this company has  done fraud in my contract and try to breakdown my Firm Practice also. This is again creating problem that my other staff also trying leave my firm and join company directly. I am taking fresh candidate and giving them lots training and tax knowledge which they are not giving any value. So I request all of you to advice legal remedy. Becauase I am also Advocate but my practice area is Tax. So I am unaware about Civil and criminal procedure fully.         

Pradeep Vishwakarma (PROPRIETOR )     22 September 2019

And some sources I come to know that they are not giving appointment letter to my staff who is join with them, they are trying to hide his employment with them. 

It would be better if I can see the agreement between you and that company
between you and your staff.


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