Legal Question in Employment Law in India

Hello All,

This is a little important and I am not sure , what are my options and how strong is my case.

what should I do if an employer files a case against an employee for "check bounce" + "failing to keep the 2 years work contract" which he had signed during joining date. ??

My case story:

After my graduation, I got employed at a small IT company which is into web development, Since it was my first job and I got it before my graduation results, I Joined this company and during my orientation, They asked me to sign a contract to work with them and opened a bank account in ICICI for me.

During the submission of my contract papers, they forwarded a check leaf from my newly opened bank account and asked me to sign it so that they can have this for their security, I blindly signed it trusting the MD and HR. I had no idea what it could turn out to be later. I The HR and MD of the company assured me that they may consider breaking the contract if I want to leave for my higher education in between, As I had mentioned them that I also have plans to do my MS.

Now during my work, I gave them good results and had a reputation of being a good employee. I was paid peanuts($150/month ) though and they used to deduct 25% of that salary to pay me after I complete 2 years.

After 6 months they denied to give my first hike, due to recession, I was told I will be paid twice the hike in the next 3 months(which was time for my second hike), when the time came for my second hike, they denied increasing my salary again showing recession as the reason. they can't tell me anything on my performance as it was good and everybody on the team knew it.

since my salary was low and work pressure was building up, I decided to change my job and got a good offer in an MNC. I discussed with my employer about this event and told him that he should either consider raising my salary as they have promised twice and failed to keep his words or I want to put down my papers.

He kept on postponing this discussion and told me to wait, after a wait for few months when I was close to my third Hike, I asked them again and they insulted me saying, I am only looking for salary and all the time annoying them. He behaved rude and abused me as well.

I quit my job and joined another company, I reported to police station about the loss of cheque and took that request to ICICI to block my cheque for any payments.

Now he is threatening and issued a legal notice to me about the bounce cheque I had signed and breaking the contract, He is asking him to pay huge money to solve this matter, where as he has to pay me my provident fund money+ 25% of share he took from my salary for 1 year, 1 month.

Since I am studying abroad, I have been getting summons from court to attend before the court, which is not possible when I am abroad.

My father has hired a lawyer and he has told not to answer the summon and tell the police guy that he doesn't live here. what should I do in this case.. I hope he doesn't end up adding more amount for his legal help and so on..

Thank you in advance, I would be glad to see any of all your answers to guide me.


Asked on 3/20/12, 8:12 pm

2 Answers from Attorneys
Santosh Dash Legal Consultant

Hi

I have gone thru your question and it all depends the terms of the works contract which you have signed at the time of joining. Pl see what is there for early vacation of job. Employer can claim that amount only what is mentioned in the signed contract. You have signed and given blank cheque, that does not mean that they can fill any amount and claim.

Secondly, contract without consideration is void. It will be a question for the employer the reason why they are forcing the employee to stay for 2 years. Generally in case where employer spend a considerable amount towards training of the employee, they ask the employee to stay for a particular term or else pay for the cost of the training which they have incurred. If this is your case, then Ok.

My advice will be to attend and defend case. it is not correct to be silent. In case the case lodged by employer proved as fictitious and harassing, you can claim the cost incurred for defence.

But pl remmember to read and think before signing any agreement, cheque etc and also pl keep a copy of the papers signed.

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Answered on 3/20/12, 8:40 pm

Hi,

What Mr Santosh has said is right. Now as regards the proceedings initied by the company, you should or through your legal representative must defend your case on the point of unreasonableness, no training provided, unjustified amount etc. If you dont attend the court through your lawyer or representative or dont reply at all it will go against you.

Regards

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Answered on 3/20/12, 11:07 pm


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