Legal Question in Administrative Law in India

Service agreement

Dear Sir/Madam, I have made a service agreement with a company. It says, agreement for 3 years and if employee has to leave the company then he has to pay a amount equal to Rs120000(because company gives training) and if employee completes agreement then company will reward with Rs60000. Now I have resigned the company and company has deduct the my salary for one month without my notice as a settlement and i still have to pay them 90000. My question is do I have to pay the money in a specified time(which is not mentioned in the agreement) or I have some time (1 year) to settle my amount because company is already pressurising me to settle the amount early.

My second question is I belongs to Sechudule Caste and do I have any other advantage? company has already taken my Original certificates for 10th and 12th Marks sheets. Third Question is I have joined one more company and I I am worried about the previous company is going to take a action and pass some wrong information to the existing company. I request you to please give me the advise as how I should go about it.

Thanks in advance.


Asked on 7/15/08, 6:20 am

2 Answers from Attorneys
Manish Dhingra Legal

Re: Service agreement

First question: It all depends upon the substance of your agreement with company and not the form of it.

Second question: Its a contractual obligation, so no advantage.

Third question: Thats why settle amicably with the earlier company and move on.

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Answered on 7/15/08, 1:52 pm
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Service agreement

ANSWER�

1. If no time frame is mentioned, the amount payable becomes due immediately. However, you can request for time.

2. The question of SC / ST does not arise here.

3. The best way to prevent the previous company from writing against you to the new company is to talk to your old company and give them a written undertaking to pay the amount, provided they give you a written certificate of good /conduct. You can tell them that if they do not give such certificate, you will not pay the money and will take legal action.

M C Gupta, LL.M.

Advocate

[email protected]

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Answered on 7/21/08, 1:57 pm


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