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DineshKumar (Self Employed)     01 February 2012

Previous company filed case:breach of service agreement and

 I have joined a company (Hyderabad) in 2009 with a service agreement for 2 years. The conditions they mentioned were I need to abide the terms and conditions of letter of appointment, if i breach it i need to pay some 1lakh + Liquidated damages as they claim. But they insisted me to sign a Hundred rupee stamp paper / Service agreement with two sureties from my side, for joining there. I signed and have given(There were space for witnesses in the SA, but my sureities only signed there also, the company said its ok). 

But they had not given the Letter of appointment and the terms and conditions, even after I joined. I worked there for 7 months and they never given me what they promised in the offer letter (a sponsorship for my higher education). I raised this issue and asked then they came up with so many explanations and policies newly. I have submitted my resignation then. 

Till this point I had not signed aforesaid Appointment letter in the S.Agreement. Then they denied my Relieving. Then they blackmailed me by keeping my original certificates of graduation with them and forced me to sign the Appointment letter Dated as like 7 months before, But I refused. Three days we were in argument and blackmailing and finally I said I will go to police. Then they had given me my certificates. I left the organization and I have not recieved any salary for the last working month.

 After a month a Client company (nagpur) of this company(Hyd) offered me a different role (earlier I represented the Hyd company and worked in the same Nagpur company in HR department) and I have joined and worked there for 1.5yrs and I am in good terms with the company(NGP) and now I got relieved from that company formally and now working for a different company(Tamil nadu)

 That Hyd Company has filed case against me and now claiming a huge amount(around 1.75 Lakhs) from me for breaching the Service agreement. I am from a middle class family cant pay such amount. I have no idea how to proceed now. I drawn less than 6.4k per month there, there was no ESI, PF for me. They mentioned training expenses 5k per month, and many expenses towards my employement during my tenure of 7 months there. As such things were not mentioned in offer letter as well as Service Agreement. There is no appointment letter i signed and given accepting the terms.

I need some legal advise in this case. Please I request your suggestions and let me know what can i do now.

Thanks and Regards

Dinesh



Learning

 1 Replies

Kumar Doab (FIN)     02 February 2012

Approach a cmpetent and experienced service lawyer at your location.

It seems unbelievale that company paying a salary of Rs.6400/pm was spending Rs.5000/pm on the employee.

For the deficiencies at the end of company you may lodge complaints with statutory authorities e.g PF commissioner, Labor Commissioner etc. and let them face music.


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