Legal Question in Business Law in India

I had joined a company and i was on probation period. i worked there for only 16 days and left it.

now they are served me a legal notice and asking me to pay 1 month@basic pay and 4.5 lakhs as revenue loss.

they have also putted data hampering case against which is base less.

i have submitted my laptop which was assigned to me in front of whole HR team.

now they are saying me return the company property.

they have threatened me to pay them 5 lakhs or else they will largely circulate in the newsletter and will inform other organization.

the only which i have done is that i have not served notice period. i have submitted the laptop then also they are putting these charges. how should i reply them.

i am ready to pay them the 1 month pay @ basic.

Even i have not taken the 16 days pay for which i have worked.

should i serve a legal notice back and file a case in labour court for the false charges which they have grafted against me.

Please help


Asked on 2/08/13, 12:55 am

4 Answers from Attorneys
Setu Niket Curare Legal

Get suitable legal notice served to the company, if they continue to threaten file police complaint.

Did you sign any bond for that amount? What were the terms of employment?

Have they already filed police complaint?

Kind Regards

Setu Niket

Advocate

+91-9873109672

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Answered on 2/08/13, 12:59 am
Somnath mukherjee

i think that you give me he full term of ur service then we can guide u. now i can tell u to send immediate reply to ur office,if they they continue disturb you then you file a criminal case against them. for details contact with me.

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Answered on 2/08/13, 2:32 am
Fca Prashant Chavan Expert Edge LLP

08.02.2013

Dear Sir / Madam,

(DLF City, Gurgaon, Haryana)

If you do not have an immediate alternate job on hand, serve a resignation notice to the Company and work the month's notice period and get paid for it. Have the Company given you in writing asking you to pay up Rs. 4.50 lakhs or is it just verbal ? Did the Company secure a contract as a directly result of your appointment along with your specific written assurance to them that you will not leave till the fulfillment of the contract ? If they have given their claim in writing to you, you should immediately respond and reply to the Company. The onus is on the Company to prove "how" and "why" they suffered a loss of Rs. 4.50 lakhs.

If you already have secured another job with a better salary, and if you were not specifically employed for a particular contract / project which you secured for the Company and committed that you will work in the Company till its completion, just pay the month's notice salary to the Company and close the matter.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/08/13, 7:37 am


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