90 days notice period/ccheating to company
madhukar
(Querist) 14 October 2012
This query is : Resolved
Dear sir,
I was employed in a Public ltd company (shares owned 51% by individual family) for 4 years in marketing as marketing executive.( nove2008- aug-2012).
Due to low salary & my higher finacial need. i have started my own propitory firm in jauary 2012 in my name. & started manufaturing a similar product that my company make & sold in market to same customers. my company has recd. information on 7th august about my propritory firm. they pressurise me to give confession letter on 8th aug & i gave under pressure,( later they want me to sign indemnity bond, i cinsulted a lawyer he said this bond if i would sign i will became slave to them forever & adviced me to resign) subsequesntly i resigned on 30th aug. send my resignation letter by post.& other letter asking to return my confession letter. company not accepted it & send me legal notice on 10 sept stating 1. cheat to company & compete the company product 2.breach of employement conditions 3.not served advance notice of 90 days as per appointement leetr 4.not hndover work charge.
i have not replied it then after 1 month oct 3 they lodge police complained aginst me. police called me & taken my statment ( where i said i will close my firm & will not manufature & sell the product for three years).
In my appointement letter following conditions are mentioned that 1.you will not be engaged directely or indirectely in any work,buisiness,and trade of any kind what so ever or carry out other assignement except with prior permission of company 2.you should not compete the same product which the company or their designated site is manufacturing & marketing anyware in india or at global market even after resigning the job from company. if you do so the company is eligiable for componsation or loss of business & profits occured due to use important information to market or manufacture the similar product for our competition 3.you should not disclose any information regarding the affairs of company, which comes to your knowledge during the period of service. 4 your appointement is revocable giving three months prior notice by employee or by payment of 3 months gross salary to the company.
Now my questions is
1. 90 days salary i have to repay company? ( thats what company ask now)
2.company wants me to give in writing that am closing my exisiting firm & will not make same product & any of companys product for three years that company makes( this is what company want from me in writing on indemnity bond). & company will take legal acton if i violate so. 3. i will maintain company secrecy.
Is it compulsary for me to give in writing to them & if i give in wrinting as asked above & tomorow if i start propritory firm with someone else name but handled by me then am i in fault? if company knows in future that am involed in, then can they take criminal & civil action against me?
now if i refused to pay 90 days salary to company & giving in writing on indemnity bond what they want,then can police will file 420 case.( i already told them that i am closing my firm in ten days time) & if so what will happen can they arrest me & take to court within how much time?
Police has asking some money from me to help me.
pl suggest
ajay sethi
(Expert) 14 October 2012
repeated query
madhukar
(Querist) 14 October 2012
Dear Sir,
this is repeadted querry but i havnt got suggesion to my first attemt due to less iformation so i have repeated with proper information
R.K Nanda
(Expert) 14 October 2012
repeated query.
