I leaved TCS company within 7 month of joining on Jan 2012 .After 6 years they send me legal notice for breach of service agreement and asked 94k RS compensation plus 18% interest per annum from jan 2012. Original service aagreement was 50k only .After 6 years can they file a case in court for compensation and what should I do next ?
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1) No, they can't filed against you so late, as there us time limit as per limitation act to file case in the court. Also needs to read your agreement with TCS what was written in it.
claim of TCS is barred by limitation
2) suit if any ought to have been filed by January 2015
Resignation form a Company depends upon the terms and conditions entered into between the employer and the employee at the time of joining. There has been lapse of 6 years on their part so in case they file suit for recovery of the said amount then there is strong probability that it will not be entertained by the Court on ground of delay in filing the suit. You should reply to the legal notice through a Counsel.
Contest your case and produce the evidences , contact a lawyer because after perusal of the documents we can siggest the way out.
This notice and legal action is contestable. TCS purpose full hold the Breach of service so long for breach of service.
As per the service agreement you would have completed the requirement of notice and bond if any.
It is within 3 years ,the suit for damages has to be filed. Once you received the notice, meet a lawyer to reply to the notice denying the allegations.
It depends upon your contract with the company at the time of your appointment letter or your service contract. If your company has procured your written consent in respect of not leaving the company within a period of 6 years of joining ,then you are bound to complete the signed period and further they have right to sue against you.
If, there is no such type of contract with the company , then the company has no right against you.
I think at the time of leaving the company ,you had not given any written information regarding the same with a reasonable cause and further your nearest superior also not intimate the higher superior about your absence.
However, you both are at fault and the result will be in your favour.
Better , you should reply the notice sent by the company after narrating the fact that you at the time of leaving the job had already informed your nearest superior and that was the cause till date no action was taken. Long time silent on behalf of the company will be benefited you and also state that due to long time period , you have lost the record of information to the company regarding the leaving the job.
Other-side, if there was no agreement for boundation of time, then as per law , the company cannot recover any compensation from you because of time barred as per Limitation Act.
Dont worry , you will win the game
Good luck and dont forget to positve Rating.
I have dealt with this kind of service matters earlier TCS might have issued you a Legal Notice and contacted you also.
However you can still contact HR manager of TCS to the place you were posted and settle down the case as you have always breached the contract,
( In one of the case I could arrange the settlement of 84000 in 34000 )
Secondly if you want to go into legal u have to hire a good advocate and give your time and energy
Since it has been 6 years and there is no locus now
Limitation is barred.
Most of the cases are filed in delhi and HR are ready to settle down the matter in lum sum
TCS is barred by limitation to claim for any amount for the breach of service agreement.
You should send a reply to the legal notice sent by TCS, stating TCS should not try to harass you, otherwise, you will file a suit against TCS for harassment.
The demand for money is as claimed by the company is time barred claim and hence not maintainable under the eye of law.
So ignore such notice and do not reply or deny such claim mentioned in the notice through your written reply. If you reply admitting the claim then the limitation would be revived and the company can lay its claim in the court of law.
Can you please make available your service agreement?
1. On what ground you had resigned within the bond period?
2. If it was on medical ground or on some ground beyond your control, then you can claim that the said bond was not enforceable on you under the given circumstances.
3. You shall have to examine your employment contract with TCS for responding to the notice.
4. If they have not spent any amount on you for your training, then it is a good point to avoid compensation.
5. Engage a local lawyer having expertise in dealing with service matters for replying the said notice to TCS.
Whether you obtained relieving letter after submitting the resignation letter?
If you have not resigned properly, at least have you informed the management about leaving the organisation permanently and to accept your resignation?
Well, in any case, the claim is barred by limitation, hence better remain silent without any response or acknowledgment to the demand mde through the notice by the organisation.
Let them approach court where it can be challenged on the basis of law of limitation.
I leaved the company without any regisnation letter.i send him a mail and just informed on the phone that I want to go for govt job preparation. Service agreement was for 2 year period and 50k was the compensation amount.In legal notice they have given 2 tcs person contact and email id for mutual negotiation if you desire . should I cantact these TCS person for negotiation or it will make my case weak ??
Whatever action to be initiated in this regard shou8ld be done officially and not through any private dealings.
Did you get any official letter to talk to those TCS officials for reconciliation?
If not, then you may avoid this and get into official correspondence so that you are not cheated by some conmen.
No it will not week your case by negotiation. Rather it will be good for you to discuss and get out of unnecessary legal hassle. You may go ahead or hire some one to negotiate on your behalf with TCS.
1. You have not acted all that correctly in not resigning from the Company officially.
2. Contact the said persons to understand what does the Company want now from you.
3. However, this time act judiciously and refrain form giving any thing in writing without assessing its legal implication.
You can talk to the 2 TCS personnel but don’t acknowledge your liability
Perhaps, Arbitration Clause was inserted in your agreement. If so, then you really need a lawyer/arbitrator to negotiate them. You may also negotiate with them but before using this Arbitration Clause you must know about the Arbitrator who will start the proceeding. However, I can only imagine what is written in your agreement.
1. The claim is now time barred as suit for recovery of money had to be filed within 3 years.
2. Reply to the said legal notice through your lawyer and deny the allegations made against you.
Negotiate as if they institute a suit, then it will give you sleepless nights.
A company is capable of filing a suit irrespective of costs, an individual.......
Therefore, think twice.....
If you call them for negotiation then you will weaken your case because in that case you will admit your liability.
And if you want to get out of this burden then ask a lawyer to talk to them on your behalf.
Did you expressly mentioned in e-mail that you are leaving the job? If YES it will be treated as a resignation.
Further, again TCS legal notice after 6 years is barred by limitation. I would also suggest not to negotiate with the TCS. Contact for more information.
1) yes you call TCS people and tell them in service agreement was for 2 years period and 50k was compensation. So you can go may mutual negotiations only for 50k and not for 2 lacs.
If you are ready to make some payment to TCS in lieu of their legal notice, you are free to negotiate.
Generally they can't as there is no limitation for them after 6 years. Don't give them fresh limitation by replying the said notice.
Yes you should reach to them and negotiate properly
I would like to tell you that later at some point of time if they do nothing to you and later somewhere you claim to work in TCS there you previous records are checked or even if you go in government job your previous history may be confidentially reviewed at any time
There is no need of resignation letter now as you are sacked and you are no more their employee, it is just there agreement is breached that is why they are reaching to you.