Employers rights

As per your query it is understood that the teacher who was working with you has committed a breach of contract and you want to take legal action against her.

A contract is an agreement between two or more parties creating mutual obligations that are legally enforceable by law. In order for a contract to be valid, both parties must agree to perform the tasks stated in the contract. A breach of contract occurs when one party to a contract does not perform as promised. If this occurs, the non-breaching party may file a lawsuit and seek legal relief and damages.

Most of the times in such contracts there is a clause regarding if any party do not act as per the contract, then how and where the legal actions can be taken. So, if such clause is mentioned in your contract you can refer to that clause and act accordingly.

The suit for breach of contract shall be governed by the rules and procedures of Civil Procedure Code. You can file the suit in the civil court who has the jurisdiction to entertain your matter.

When it comes to the question of territorial jurisdiction, Section 20 of the Code of Civil Procedure, 1908 is relevant1. Under Section 20 of the Code of Civil Procedure, 1908, a Suit can be instituted in a Court within the local limits of whose jurisdiction:

(a) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises

Hope it helps!

 

Regards,

Anusha Singh

 

Terms and conditions of agreement shall prevail.

A coaching centre requires adivse / coaching ?

good explanated suggession by Anusha singh. Keep it up

There are many factors to determine this. Like no. of employees, salary, nature of work done, service or product dealt with etc to find recorse before the Labour Court or tribunal. Else civil court jurisdiction is already there! Alternatively you may even initiate complainant registered case if the necessary elements are there to constitute an offence.

Therefore for any vagueness this cannot be opined specifically and requested to refer an Advocate physically for better appreciation of facts and legal recourse.

 

thanks all of you for valuable comments

since the nature of work is teaching and theres a employer and employee contractor 1 year with clause relating to penalty in case of breach of contract and the employee has breached the condition of teaching for a year and resigned and declined to pay penalty
so labour and civil court have to approached is what is the outcome of these suggestions
thnx