EMPLOYMENT AGREEMENT
ANJAN KUMAR PAUL
(Querist) 25 May 2011
This query is : Resolved
Hi,
I was working on a private engineering firm as a service engineer on their kolkata office since may 2008 after 2 month i have get a better opportunity and i have given the resignation on that because that time I am in probation period and in this period i have resign from the company without any notice as per my appointment letter.
After resignation they didn't gave me release letter result of that I could not joined in my new company. Then I have urge to my existing company to rejoin to my work. They said to me to send a blank dtd. chaque of Amount Rs.50,000.00 with a letter that I will work here at least three years, if I unable to fulfill that they can encash the chaque. In those days my economic condition was very poor and lots of pressure had went my head. Hense i have sent the chaque with the letter in17th november 2008. After sumit the letter I had rejoined here but they didn,t issue my Appointment letter. Also they idn,t give any PF any medical facility. I was followup so much to my branch Head for medical facility or card but I didn,t receive. I was working mainly in OIL sector which place is very much hazardous and here working is very risky.
They didn't fulfill the commitment that and after ending my 6 month probation period, they didn't increase my salary and even after completion of 1 year also they didn't. In addition that so many harassment was there and I was felt totally uncomfortable and uneasy. I felt mentally sick and dull and I decided to leave this company any how.
In June 2010 I have joined in my recent company without submitting the resignation in my past company. After 2 month they had sent me a letter for rejoin immediately but I could not answered the letter. After that they didn't correspondence with me and I also didn't contact with them.
Now, suddenly when I have checked my account I saw they have dropped the chaque on 21/4/2011. Now I don,t have sufficient fund in my account. On 25/5/2011 I have received a Legal notice about the matter and for submit the security deposit of Rs.50000.00. It is very difficult to give the money for me. So, there I request to assist me to take a further action about the above matter.
Anjan Kumar Paul
Guest
(Expert) 25 May 2011
You have given a written commitment to serve the company for 3 years and you have also authorised the company to encash the cheque on failure of your commitment to serve the company. That way on breach of contract your guarantee amount was liable to be forefieted.
Now even that liability has also not been fulfilled and committed an offence under section 138 of the Negotiable Instrument Act by virtue of your cheque having been bounced due to shortage of funds.
Since the offence is punishable with imprisonment and may also affect your present service, it would be better to personally meet the management and settle the issue mutually. Otherwise if the case is filed in the court of law there would be no escape for you. You would not only be liable to pay Rs. 50,000, but also can lose your present job also.
