Kripakaran (IT) 11 March 2010

Service Agreement

I worked in x company from 8/6/06 to 7/6/07 - I signed a service agreement on the day one for one year and after three months I signed one more agreement for overseas training agreement - titled knowledge transfer and customer discussion and it is said to be effective from my date of return from abroad and I returned by 26/9/2006 and is valid till 26/9/07.

While i landed abroad i was asked to work from the day one and there was not a single hour training given and when i leave i asked to pay 5 lakh as compensation which i did due so many situation i.e i resigned and accepted a offer and they were asking relieving letter compulsory

when i looked at all my relieving letter and other documents they have mentioned they have recovered towards service agreement recovery where as i have completed the 1 year period there is no validity of the service agreement.

I filed a RTI to income tax department they also replied saying that the amount was taken into misc income under the head service agreement recovery.

I have sent so many letters, emails and other mode of communication their legal department said - do what

ever you want

Please suggest that should i do - shall i file a case if so civil or what ?

Also i heared some limitations act and is it applicable for me and if so I already sent notice kind of letter to them with ack due is it valid as the legal proceedings?

Please suggest I lost sleep for the last three years due to the heavy amount paid due to my foolishness and I want to get it back.

Regards

Kripakaran

Reply Follow

5 Replies

Prakash Yedhula (Lawyer) 11 March 2010

You have a fair chance of success in case you had left the company after the agreement period, though you can still dispute even if the forceful payment was during the currency of that agreement.. It is not clear from your query as to when you left the query, date of payment and date of relieving letter.

The limitation period in money claim is 3 years when the money had fallen due. In your case, we can construe that the limitation started from the day payment of Rs.5 lacs was made. You need to file a suit for recovery within 3 years from such date. Sending of notice would not save the limitation period.

Kripakaran (IT) 12 March 2010

Dear Sir

My DOJ - 8/6/06

Resignation date - 17/5/07 - Short notice period recovery also done

Last working day - 7/6/07

Payment made on - 14/6/07

Settlement date - 19/6/07 - shows clearly recovering the 5 lakh adjustment of short notice etc.

Regards

So I have to initiate the suite before 13/6/10 - or a legal notice from a lawyer whom am going to appoint will be treated as the dispute started ?

Manish Pal (G.E.T) 13 March 2010

hello Sir,

Hi, I am Manish Kumar Working in ------- Organisation as a fresher. I have joined in this organisation last 3 months back and during joining i have signed a bond agreement of 3 years(1 year for Training and 2 year for service period) and put a signed undated cheque of Rs.1,50,000/- of my account. During interviews they told me that they provide me CTC Rs.13500/- and after deduction they got me Rs.12000/- but now they provide me a salary package of Rs. 11,000/- and said that they deduct bonus amount of Rs.1000/- in every month for whole year and finally that amount will get us. They didn't told us about this before in the interview. Company commited so many of facilities, but now they are not providing now. Due to all these reasons i want to leave that company. So, Please suggest me if i leave the organistaion, they will take any legal action on me or not? and one thing more in my service agreement they mentioned after successful training of 1 year, if company will have a job then they will post me on that job otherwise they leave out from the company.

Please help, I am very frustate about this.

Thanking you

Manish Kumar

Prakash Yedhula (Lawyer) 13 March 2010

Dear Kripakaran,

Suit needs to be filed before 13.06.2010.

1 Like

Vk (--) 18 March 2010

Hi Mr. Prakash,

I am Vk i wos working with an MNC in delhi. I have resigned on monday and served a notice period of 3 days whereas company wanted me to complete a notice period of 30days (Also mentioned on the appointment letter). I have asked them that i wan't be able to serve the notice period of 30days but whatever will be the compensation then can recover at the time of full and final settlement. They didn't agreed and and mentally harassed me by saying that they will take legal action and will not let me join any other company. I have my joining in my new company next week.

I am very tensed and dont know which way to go. Please advise .

Your help will be highly appreciated.

Thank you