Hello,
I have just registered today in need of legal assistance.
I have joined one company in Kolkata after graduating from B-Tech College. Joined as a trainee and after 6 years of experience elevated to the post of Deputy Manager. During joining this company there was a non-compete clause mentioning I cannot join any competitor company after leaving this company for a period of 3 years. That’s why I was seeking job outside India so that my next employer will not be under Indian judiciary and got a job too. Left my first employer with good gesture they also showed positive response during my leave.
After joining the second company I came to know that my 1st Employer put a case against me in Indian courts and they have made proforma defendant of my 2nd employer sister concern based in Bangalore. I have to left the job and came to India to fight my case as the plaintiff got ad interim injunction from district judge
My case is still running for more than 18 months. My savings are finished long ago and presently under lot of debts. Was jobless for 12 months. I am sure that I am correct as per Indian laws as this kind of negative covenant got hit by Section 27 of Indian contract act, as well as there are several specific relief acts which prohibits to grant any injunction based on the above facts also 19g of Indian constitution gives us Right to employment.
Adding to this the plaintiffs’ lawyer is trying to push the case as slow as possible, to keep the injunction intact not to join back my 2nd employer, by showing lots of his personal reasons and taking only adjournments whereas there is a clear cut high court order to finish the hearing within 2 months. That 2 months is now 9 months running and still on. Finally the injunction hearing is over and waiting for the verdict for last 6 weeks.
My Question is after the case is over and if the verdict is in my favour can I put a case against plaintiff and ask for compensation of My mental harassment +jobless for a year + litigation charges?? Also do let me know what are the laws and acts which I can take as a legal point. A prompt reply regarding this will be really helpful.
Thanks in advance
Koushik Roy
