Notice period not servered in full
Manish Agarwal
(Querist) 08 June 2008
This query is : Resolved
Hi,
I left my earlier company without serving the full notice period. I had served for 1 and half months where as my contract asked me to serve for 3 months. Apart from this I don't have any binding from company, no other service agreements.
Now its been 5 months since I left the company, were during the time I have received the experience certificate, my full and final sheet with 1 and half months salary as well for the months I have not served which at the time of leaving, company denied me to do so.
I would like to know from the respected experts that now i have received a notice from the court asking me to appear before them.
What they have prayed is:
I should not join any other company during the notice period. which ended on 17 March 2008.
and other things regarding not sharing valuable information of the company etc
What are the legal repercurtion of the notice i have received from the court
Thanks
amit gupta_lawyer
(Expert) 08 June 2008
the notice which u recieved from the court must be for appearing before the court but u need to tell us that its for which purpose i mean wheather for civil case or criminal case. wheather they have filed a complaint against u for cheating criminal breach of trust or for recovering the mense profit from u.
Manish Agarwal
(Querist) 08 June 2008
Its simply a civil case Sir, I can,t find the reason why they have filed the case.
what they have prayed from the court is to restrain the defendant from joining any other org. till my notice period ends, which has ended on 17-March-2008.
They have mentioned in summon about the full and final settlement. which says if some amount is recoverable from him will be sent to him with full and final sheet.
I have received the full and final sheet as well, and in that they have provided me with the 1 and half month salary, for which I have not served.
It seems they could ask me to pay back the same and I m ready for this.
Thanks
Manish Agarwal
(Querist) 08 June 2008
Please let me know if you need, any further information
H. S. Thukral
(Expert) 09 June 2008
Filing a case against someone is one thing and getting away with it is something else. As far as the first prayer of restraining you from joining any other company is concerned that has become infructuous as the notice period is already over. If any amount has been paid in excess ( Salary for the unserved notice period, your employer can recover in a separate suit). Regarding the sharing of valuable information; if you have not taken away some documents or information which was exclusively in your possession, no harm should come to you.
Guest
(Expert) 09 June 2008
The main aim of the past employer will be to strain your relationship with your new employer. They will try and stigma to your career by doing this activity.
You should fight back and expose the employer. It is simple and easy to fight back. Cocked up story on yo will not hold water.
Fight back.
Manish Agarwal
(Querist) 09 June 2008
Thanks Kotresh,
Sir What do you mean to say "cocked up story on you will not hold water"
My present employer is very well aware of me leaving my earlier company in such a way. We at the time of leaving also put forwarded the balance notice period buy out option, but my ex-employer denied the same.
I am currently working out of India with my current employer.
Now my concerns are How will I fight back in such a situation? and will this case streach for long duration?
Guest
(Expert) 11 June 2008
In an identical case in Bangalore Economic Offence Court, The empolyee's lawyer fought and stalled the cognizance of the Compliant. It is under Companies ACt, where the allegation is steal ior witholding Company property illegal (One Laptop). There also the employee is abroad and working for UK and the current employer has also been accused.
The Court has refused to take cognizance and matter is in high Court.
