Very Urject:Need Suggestion
Pramod
(Querist) 31 May 2010
This query is : Resolved
Hi All,
I know the story is quite big to read but please help me out, I am so stressed.
The thing which is causing stress for me is that:-
1) I have signed a offer letter and agreement on 100Rs/-Stamp Paper for a NEW ORGANIZATION on date 16th Feb 2010 for a new job.
2) That agreement were stating something like "The agreement executed on date 16th March 2010 to 15th March 2011..." Means I have signed that one month earlier to date of joining because I were having one month notice period at my current company before reliving.
3)On 16th Feb 2010 I have resigned at my current work place, but they refused the resignation on 17th Feb 2010 because I were working on a important project.
4) So on 17th Feb. itself, I have sent a mail to the supposed new organization with stating that :-
"This is to formally notify you that I am not going to relieve on the predicted date by (CURRENT ORGANIZATION NAME). So I will not be able to join you by the date of 16th March 2010. So in the light of that, this mail is a prior intimation for cancellation of the agreement that I have signed with (NEW ORGANIZATION) and which will execute from date 16th March 2010.
Please accept this letter as my formal notice of cancellation of the agreement, effective immediately."
5)On Date 19th Feb 2010 I have sent them(New Organization) one gentle remainder with registered post with AD(I am having AD receipt for that registry which I sent to them) stating that:-
"This is to formally notify you that (CURRENT ORGANIZATION NAME) will not be reliving me and thus I will not be able to join (NEW ORGANIZATION NAME) by 16th March 2010. Please consider this as a prior intimation of cancellation of the agreement signed with (NEW ORGANIZATION NAME). You must be aware of the fact that the effective date of agreement (provided with offer letter) is valid from 16th March 2010, and this is a second gentle reminder from my side; clearly intimating at a very early stage about my inability to join (NEW ORGANIZATION NAME). You can refer to my previous mail also (on 18th Feb 2010) about it.
I am also sending you a hard copy of the e-mail which I sent you on 18th Feb for cancellation of the agreement with this notice."
6) They(NEW ORGANIZATION) remain silent up to 18th March and on 18th March 2010 I got a notice from their lawyer stating that you have knowingly broken the service agreement with us, so you are liable to pay penalty amount 50000/- with 24% interest. and should respond in 7day from the date of receiving that notice.
7) On date 22th March 2010 I have sent reply for their notice to the so called company and their lawyer.
8) After that they again remain silent for 2-months and on 29th May 2010 I got one speed post letter from the company itself, stating that you have not replied us properly, so on 2nd June 2010 they are going to put the case in front of liberator, so on 2nd June you(ME)/your(MY) lawyer should come to our(NEW ORGANIZATION) premises, otherwise in case of my absence they are going to file a case against me, for breaking a premature agreement.
This is the whole story, so please you expert guys guide me that what should I do now. This is fact that I am going to have a meet with them on 2nd June 2010, So please suggest me that what should I do/say there and what should not at meet. Because I am very new to any court case and having no guideline at all from my seniors also.
Also please suggest me that what else I can do to them, they have given me a lot of mental pressure, and now its my turn to do the same with some hard. Should I file a case against them, and if yes then where I should file it.
It is urgent for me because I have to go at their place alone, no one is with me to go there. So your suggestions are going to play a important role in this ridiculous fight.
Thanks in advance for any help.
Waiting for any prompt reply.
--
Pramod
Pankaj Kundra
(Expert) 31 May 2010
according to me acceptance once given in a contract cannot be revoked once the acceptance is communicated
Pramod
(Querist) 31 May 2010
Yes you are right, But the point is that it will be applied if I will join them and work for them for a single day also, I had informed them on very early stage i.e just the next day of signing the offer letter.
Pramod
(Querist) 31 May 2010
According to my view one can not bound the freedom of a person before the date of executing agreement date. By signing only the offer letter and the agreement do not make me their employee, For being an employee I should sign the joining letter and it can be on a date of 16th March or any later date.
What do you say?...
Pramod
(Querist) 31 May 2010
Hi Pankaj,
Thanks for your reply, could you please suggest me that what can I do now to handle this situation. I am so stressed due to this and not able to perform properly at my job also. I want to get rid of this.
One again thanks a lot for the help.
H. S. Thukral
(Expert) 02 June 2010
Please read out if there was any termination clause in the agreement, for me to revert back.
Pramod
(Querist) 02 June 2010
Thanks Mr. Thukral for your response.
The case is about to broke a service agreement before the date of its execution. And also the intimation by second party is made on very early stage to the first party, firstly by mail and after that by registered post.
Second party intimated the first party about the inability in joining to first party at very early stage of signing offer letter and service agreement.
Second Party has informed First Party on just second day of signing offer letter and service agreement. While the execution of service agreement were about to begin on exact one month from the date of signing the service agreement.
For revoking the service agreement Second Party has made a intimation with mail on second day of signing the agreement, also made a second remainder(With registered post) on 3 days later to first intimation with clearly stating about disagreement and cancellation of agreement between First Party and Second Party, while the execution date of agreement is still yet to be come.
Now what is your opinion sir?...
H. S. Thukral
(Expert) 03 June 2010
Dear Pramod : This part I have understood from your earlier posting. What I am desirous of knowing is that what was the stipulation as to termination of the contract during the subsistence of the contract. I am trying to figure out what your employer could do in the circumstances. If a contract can be terminated during its prevalence by a simple notice then it can no doubt be terminated when its performance has not commenced. Please provide more details.
