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(Guest)

Ex-parte decree against service bond and how to get relief

Mr. A joined a private limited company B in the year 2011. Before joining, he was asked to sign a bond for 3 years, as allegedly, it was mandatory for every employee. A signed the bond. After joining, the behaviour of the B became rude which was not acceptable by A. A asked B to release him immediately but he was not released. A was asked to accept the Appointment letter but he did not sign and accept the appointment letter. After working for a period of 4 months A left the company and informed them over phone that he would not be able to continue.

A legal notice was served upon A asking for  payment of amount equivalent to remaining period of 32 month's salary which was replied by the A.

Meanwhile, the address of A was changed and may be due to that reason he did not receive any summon or any other information regarding institution of a suit against him.

Now, A has come to know that the Company B has got an Ex-parte decree passed by the Tribunal and the matter is now in Execution stage.

Please suggest remedy how a can save himself from this litigation ?

A is not having any document except a copy of bond, unaccepted copy of the appointment letter and the copy of the notice received and repliy thereof.

Who is the appellate authority, in case an ex-parte decree is passed by a Tribunal ?

As no document is available, how to obtain copy of the order and plaint etc to proceed further for appeal ?

 



Learning

 1 Replies

Ms.Usha Kapoor (CEO)     28 May 2017

ENGAGE A SERVICE LAWYER TO DEFEND YOU.A  NEED NOT PAY ANY AMOUNT UNDER THE BOND. yOUR LAWYER WOULD APPLY FOR RETURN  OF PLAINT AND COPY OF THE  ORDER ETC FROM TRIBUNAL AND FILE APPEAL.Wrong was on employer side. It was your employer who was rude and harassed without giving any proper appopitment and highhanded and harasses you.


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