ravikumarbcombl (advocate) 04 November 2008

Remedy for mental agony, shock

Dear Club Members,

Once again i am looking for your valuable suggestion and opinion, the fact is like a tragedy but truth... imagine the feelings of the victim in this case.. the fact is:

the victim is a legal executive in a private company working for more than 3 and half years, having good recognition and established a name, meantime he has been informed by a consultancy regarding a job opening in a kolkatta based construction company in chennai, he attended the interview on the scheduled date and not giving his acceptance immediately at the time of interview with the director, thereafter getting call from that consulatancy and informed that they are waiting for the reply.... then he again second time went inperson and discussed again with the director.... then after two days he accepted the offer and informed it over phone to the new company, the same has been informed to the consultancy also, besides he resigned the present job and the company also accept his resigrantion and requesting him to complete the notice period of one month... in the meantime the new company is making delay in giving the appointment order when he time to time followup and trying to get it... then they given one offer letter stating that their offer to appoint and the appoinment letter will be issued on the day of report to duty.....on a specified date, on the exact day he went there at early office hours he was awaiting there to report to duty and their H.R. executive also asked him to wait till the arrival of their director, then the director came after an hour one senior manager only came and informed to him that certain operational reasons they are not in a position to appoint and in future they will let you know...., the victim has explained that based on the offer letter he resigned the job and the notice period also ended by that day itself but after all hearing that senior manager said exteremely sorry ......... in that way they replied and given the regret letter in this regard. after hearing this the victim is upset and leaving their premises with mentally shocked and with tears...

this is the real fact happened to a legal person who works for mere survival instead of practicing.......... his suffering and mental agony can not be described in words......... let me to know in which way he would act..... cheating, breach of trust........ are applicable? any other provision to get remedy........ he has to be compensated for all those happenings.......here employment is not an issue.... he may withdraw the resignation and continue the service ......if the company willing and accept ....... it is secondary......but the name, reputation, image he created since 4 years have been destroyed right? any time he may become jobless ......... yes in that way i am expecting your suggestion and advice in which way he can claim the damages.

Please provide your opinion in this regard.

thanking you

yours sincerely

Ravi Kumar.S

Reply Follow

10 Replies

Murali Krishna (Govt..Employee) 04 November 2008

I can sympathise for the situation in which your client is but law is settled in a different way.

Supreme Court in umpteen number of cases held that even a wait listed candidates has no right of appointment. This is in case of government employment. Your case is worse, because it is a private employment. Further, as can be seen that they did not give him any appointment letter.

Because of his selection he left another organisation - I feel that this reason may not appeal to the court well. Further, being himself a legal person he ought to have known his rights much better than others.

ravikumarbcombl (advocate) 05 November 2008

Dear Mr.Murali Krishna,

Thank you very much for your suggestion, but onething, that offer letter and their regret letter in this regard... we can't do anything on that? further they only made delay on giving the appointment letter after all getting the acceptance and purposely saying some reasons in giving the appointment order and finally giving the offer letter instead of it. morally no one can deny the wrongthing done by the company. breach of trust won't apply? that is my question.

Manish Singh (Advocate) 05 November 2008

first thing, do you have the offer letter by the compasny and any proff of acceptance by your side. if yes they cant do things they have done to you.

either you will be getting damages or employment but probability goes to damages. you are entitled to file a civil suit on those evidence. go on and sue them.

Manish Singh (Advocate) 05 November 2008

its a matter of contract and nothing else.

H. S. Thukral (Lawyer) 05 November 2008

I am of the opinion that you can claim damages. This could have come anytime even after joining and few days of service. File a suit for decalaration and consequential damages in a civil court.

prof s c pratihar (medical practitioner &legal studies) 05 November 2008

yes, can be sued for damages.but it is a private company. in most cases when they want to sack you they actually wants you to submit resignation letter.and this happens with each software company .dont spoil your time .if you are an activist pl do proceed at the cost of mental anxiety and hypertension.

K.C.Suresh (Advocate) 06 November 2008

You have two options my friend.

1. File a compalint U/s 420 IPC for cheating before a Magistarte Court get an order in it U/s 156 (3) Cr.P.C for registering a case and to investigate. Get a non-bailable warrent from the court and arrest the employer for cheating. The second part of the defenition of cheating in Sec. 415 of Indian Penal Code is applicable in your case. Beacuse your party was induced by the new employer by the appointment letter. Your party would have been omit to resign if he would not have so decieved. You may contact a lawyer in your locality and enlighten him. He can help you.

2. Civil remedy for heavy damges. It may consume time.

N.B. There is nothing wrong in changing the job from company to company for good earnings. Nothing to worry about it.

Dear Ravi you can handle the issue now, i suppose so. Best of luck.

ravikumarbcombl (advocate) 06 November 2008

Dear Mr.Suresh,

Thank you very much for your informations, exactly what you are saying is the same points my senior pointed out , we are preparing for issue the legal notice first then after their reaction we go to sue..... thanks a lot.

Regards

Ravi Kumar.S

ravikumarbcombl (advocate) 06 November 2008

once again thanks Mr.Manish, one more thing, how can we go by contract act....... offer and acceptance will apply i agree but they can say that any time that offer will be revocable right? offer letter can not be treated as an appointment order, isn't it.? there is no agreement, any way we go challenge on that stand only the evidence is their offer letter and regret letter....... so fault on their side is true.. what do think?

Regards

Ravi Kumar.S

Manish Singh (Advocate) 06 November 2008

Dear Mr. Ravi,

the acceptance needs to be done before the revocation of any offer so take out a point tby waht time you had intimated the employer about your acceptance to the offer. if you have done it before their revocation that menas before going to join the company, they will be bound by the contract hence you will succeed in damages etc. the contract act doesnt say that the acceptance must be in writing so even if you have intimated over the phone will do your purpose but it shall be difficult to prove in the court of law.