Please Help - Breach of Agreement
varun kathuria
(Querist) 14 December 2010
This query is : Resolved
I am working with some company and without giving 1 month notice, i have resigned from the job. But i have made breach of the agreement's clause. wherein mentioned about the 1 month notice before leaving the job. I want to know that is there any law under which category. which would make me liable. Also i don't want to serve the company further in future. I know that there is breach of the employers employee agreement. so i want to know that what type of suit a company can file against me in which appropriate court of law.
Devajyoti Barman
(Expert) 14 December 2010
Do not worry, the bank would not file any case in all likelihood. Such acts give rise to only civil liablity and the relief is generally suit for recovery of money.
Parveen Kr. Aggarwal
(Expert) 15 December 2010
You may be liable for breach of contract under section 73 read with section 74 of the Indian Contract Act, 1872 and the company may file a suit for recovery of the amount against you. The suit may be filed in the civil court which can grant not only the amount claimed but also interest and costs of the suit.
malipeddi jaggarao
(Expert) 15 December 2010
All experts advised very well. It is only civil liability for recovery of amount under the contract, but in all probability no company will go to court for such recovery in normal course. But they may not give you the relieving letter etc.
Ahmed Daud Girach
(Expert) 15 December 2010
If you are a workman under ID act and notice is received fromthat employer you may have defence that I am a workman and the contract if any signed by us should be approved under standing orders act.If id act does not apply then give that company a letter that I am redy to pay amount of one month salary and give me NOC.Even if that company does not respond then give copy of this notice to your present employer Bank and regret your inability that inspite of my best efforts employer is not giving me NOC.I hope Bank will be pleased to waive NOC requirement.
