Solve my query guest
sonal
(Querist) 02 April 2014
This query is : Resolved
Hi guests
as i qouted my query earlier,i want to know employee is absconding with comapny phone and joined compititor.
we not having proof that he has our phone or he is in possesion of company assest..if we get that proof can we file suit under specific relief under sec 21 (3) asking court to direct him perform duty,submit phone also ask claim for metal harrassment..
with this can we file injunction suit that he should not joined copitor fr next 2 yrs mentio in appointment letter...pls advice can i proceed with these two option...should i file 2 suits one of injunction and second of specific performance?
i beg you guest last time help me plsss begging you all
Regards
ajay sethi
(Expert) 02 April 2014
please consult a local lawyer . if in the appointment letter it is mentioned that employee cannot after leaving organisation join any competitor you can sue him for damages . gather all evidence in support of your case that your employee has joned competitior .
Rajendra K Goyal
(Expert) 02 April 2014
If the company has not suffered losses, forget it and search talent in the market.
If want to teach him, gather all information about his working with the competitor, confirm the clause in the appointment letter accepted by him about not joining competitor, send legal notice and file suit. Consult local lawyer.
Guest
(Expert) 02 April 2014
Your statement, "we not having proof that he has our phone or he is in possesion of company assest," is really surprising when you intend to say that the company is not aware of whether company phone or any other of its assets was issued to him or still in possession of the employee!
Further, it is not clear what type of mental harassment you or some other executive is experiencing from the absconding employee?
Still further, the company cannot file injunction suit barring him to join competitor even for a single day, what to say of 2 years, if the terms of his employment or agreement did not contain any such clause.
Help can be possible only after examination of his appointment related documents and other correspondence made so far with the employee, but not merely on your own perceptions. For any court case or help, solid evidence on record is a must to suggest you the course of action to be taken by you or the company, not only to solve the present problem, but also to prevent future instances of unauthorised absenteeism on the part of the employees.
Devajyoti Barman
(Expert) 02 April 2014
Non -compete is not blindly enforced. IT CAN BE CHALLENGED IN COURT IF THE SAID CLAUSE IS FOUND TO BE UNREASONABLE and violative of section 27 of Indian Contract Act.
Kumar Doab
(Expert) 02 April 2014
The Experts have advised in many of the threads posted by the author to consult a local lawyer with record and docs, lodge complaint, and commented ……………………author regularly post academic queries.
http://www.lawyersclubindia.com/experts/Pls-help-require-461541.asp#.UzwhqUeBmXU}
http://www.lawyersclubindia.com/forum/details.asp?mod_id=96467&offset=1#.Uzwie0eBmXU
http://www.lawyersclubindia.com/experts/urgent-461896.asp#.Uzwi2UeBmXU
http://www.lawyersclubindia.com/forum/details.asp?mod_id=8911&offset=1#.UzwjO0eBmXU
http://www.lawyersclubindia.com/experts/guidance-req-pls-462611.asp#.UzwjhkeBmXU
http://www.lawyersclubindia.com/experts/help-require-463361.asp#.UzwjvkeBmXU
http://www.lawyersclubindia.com/experts/looking-forn-help-pls-help-463521.asp#.UzwkDUeBmXU
The courts of law have been declining to grant injunction of the nature sought by the author.
If there is no merit why waste money and effort.
Consultation and examination of documents by lawyer approached by you, shall be most probably a paid service. If you are willing you can always go ahead. If you have already consulted and have been informed of merits then by now you could have acted.
The Indian courts of law have consistently been declining to enforce Non Compete Agreements……………………as it hits the provisions of Indian Contract Act and right to earn livelihood……
Hope you have heard about ‘Garden Leaf Clause’ too.
Are you willing to compensate the employee sufficiently for the period of 2 years, for remaining out of the trade (only trade he knows to earn his livelihood) and demographic area he knows ( to earn his livelihood)?
Please share if the dues of the employee were paid properly and regularly while he was in employment…………………and what exactly is the reason that employee has not returned the assets…………?
You have posted that you want to teach a lesson to this employee……………………..
The employee also has the discretion to consult a lawyer and be properly informed.
If he had a bad experience and has record to substantiate it then if he has used freedom of speech to update community of fellow employees then what wrong he has committed……………….There are publications to suggest ‘Big Trade Unions’ having meetings ,sessions, with community of employees and even Lawmakers, leaders, politicians………………………..to defend their right. The trade unions may not like to miss such meritorious opportunity if the employee approaches them…………………..
If employee was not paid, was harassed during employment and if he has evidence and witness then the matter can rather boomerang on establishment and employer too.
Barring a few hardened corrupt individuals, employees usually do not resort to such acts until or unless they are pushed to a corner and are not left with any other resort.
The establishment does not have any evidence of assets being with employee………………………….and probably no admission by employee, also. Hence the efforts to coerce intimidate, pressurize may prove to be futile……………
Many of the times the contracts are not even worth the paper on which it is written…………..
It shall be appropriate to offer the employee to disburse the payables and documents that employer owes to employee and get assets that employee should return to employer.
Businesses are run for larger stakes and causes.
Close the chapter once for all.
Rest is up to you.
Kindly proceed as deemed fit at your end.
Devajyoti Barman
(Expert) 10 April 2014
Do not misuse the site by posting multiple queries of academic nature.
