Help seeker (no) 27 February 2011

How to proceed further for court summons received

Dear Friends,

I need your sincere help regarding breaking employment contract

I left my former company in May 2010 with proper resignation but company didn’t accept my resignation because I have executed training bond. I have to work 3 years after finishing my onsite period.

I have gave up all my gratuity, leaves and last month salary to company for compensation but they are asking huge amount of 32,00,000.

After one month company has sent me legal notice from lawyer and I have also replied to their notice through my lawyer.

After seven months in Feb 2011 I have received one summons from court, saything that I have to come to court to attend this case.

Now I am not in India and my parents little worried about this Summons.

Please advise me how to proceed with this case

How serious this summons from district civil court?

Should we appoint lawyer to proceed further?

Should I discuss with company again?

How long does it take to hear final decision from court?

Company HR also will come to court during case running?

I look forward for your valuable replies

Thank you very much

Manju

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1 Replies

NIKHIL (Advocate Junior) 27 February 2011

Dear Manju,

(THIS IS NOT A LEGAL ADVICE)

The concept of Bonded Labour is unconstitutional in India. Although you could be sued for breach of contract.

The summons from court is a serious concern. though the solution is simple. You will be required to appoint a Lawyer. Ask your FED EX you a copy of the Vakalatnama. You could also execute a Power of Attorney (POA) in favour of your parent or any other Adult you trust. This will save you the trouble of remaining present personally.

If you intend to execute a POA, you could ask your lawyer to mail one and sign the same and get it Notarised from the Justice of Peace or from the nearest Indian Embassy/High Commission.

Hope this Helps.

NIKHIL.