• Declaration and mandatory injuction under section 75

My ex company has filed false case under Declaration and Mandatory Injuction under section 75 of Indian Contract Act and accordingly court has sent me summons in the month of December,2017 which were not delivered to me due to my house was locked and I was not available at home and due to that summons got returned back and but from December till now March month I have not received summons again and I got to know that as per procedure summons are sent again if not delivered for the very first time.
Also note my first hearing date is in April, it is in the third week of April, please advise what action should I taken and whether I should wait for summons to be received or should engage lawyer to represent me on the hearing date for asking the copy of summons in order to make my defence.
Also advise what is the seriousness of this case since I have documented my date of relieving to company's HR email id and they also have not denied my email but officially they have not given me my receiving letter.
Also note my ex company has not cleared my full dues of conveyance of INR 7000 & Mobile reimbursement charges of INR 700 for the month of June, 2017 and case was filed by them on 30/11/2017
I had left that company in the month of July, 2017 and they served me legal notice in the month of August,2017 and put false allegations that I have contacted their agents/customers(foreign companies which are in the similar trade and due to that they incurred loss and asked me to pay INR 20 Lakh but figure is not final as per them since they are continuously incurring loss(totally false statement) since under section 27 of Indian contract act Agreement in restraint of trade is void.
They also falsely mentioned that I have shared their agents details (foreign companies which are in the similar business)
Second they have asked me to pay INR 200000 since I have not served notice period of one month but I have clearly mentioned in resignation that I am ready to serve notice period but they had verbally relieved me on 13/07/2017 after I put my resignation to them on 08/07/2017 and I have documented the same to HR through email that I have been relieved on 13/07/2017 and asked to clear my dues but after that they have not issued me any relieving letter and nor they have cleared my dues of conveyance of INR 7000 & Mobile reimbursement of INR 700 for the month of June.
In their legal notice they have mentioned that they had not accepted my resignation whereas as per my offer letter an employee can resign and have to serve notice period of one month, their intention is since they had not accepted my resignation then I cannot leave their company I hope I am not bonded labour and it is banned in India.
When they had verbally relieved me on 13/07/2017 they had threatened me with legal case.
Also it is worth noting that they don't pay PF(Provident Fund) and had taken consent in offer letter from me that I won't be paid PF, and this is also against government rules.
Asked 3 years ago in Civil Law

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7 Answers

Wait for court notice to be served upon you and then file a counter claim. Contact your lawyer with complete set of documents as there may be a restraining clause in the employment agreement. Good luck

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.9 on 5.0

Dear Client,

There`s presumption of delivery of notice/summon if sent on last know address and in many ruling of supreme court, it has been held, return of summon/notice due to house lock assume proper service of notice unless contrary not proved.

So, u r advisable to hire an advocate, no need to appear before court but let him check that day court proceeding, and if he finds that court is proceeding in your absence assuming compliance of summon, let him appear on your be half and seek adjournment.

And, if u r an employee, than how come they proceed under sec 75 of the Act. Most u r liable to pay un served notice period salary. That also not required if u have proof of their verbal approval of resignation.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

1. Since service of summons was not complete you can avoid appearing in the suit till summons is served.

2. There is nothing to worry about this case as cour will never grant injunction on your future employment.

3. However while filing your written statement you can take counter claim of recovery of money due to you.

4. Once you plead counter claim of money the ex employer is expectedb to abandon this suit.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

1) wait for service of summons

2) then file detailed reply denying the allegations made in plaint filed by company

3) deny that you contacted their agents ,customers

4) deny that any loss suffered by company

5) deny that you refused to serve the notice period

6) rely upon correspondence exchanged with the company

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

You don't have to worry. You can appoint a lawyer. Just see the records whether Summons are served to you. If it's not been served then you don't have to appear till it's served. You can also file suit as per labour laws or civil provisions as applicable against them from your side. Spent worry let them make false allegations you can cross examine them and falsify all the said allegations.

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

Since summons have not been delivered to you due to lock your house, now the court may again sent summon to you through registered letter or by way of publication in the news paper. You may appear in the court on the date fixed even without waiting for summons by engaging a lawyer or personally. Thereafer you may file your writen statemnt in you defence can also file counter claim against the company for recovery of your dues.

Vijay Kumar Garg
Advocate, Mohali
17 Answers

4.0 on 5.0

If the summons could not be served on you for various reasons or the reason what you have stated, the court will pass an order to issue fresh summons on the date of the hearing.

Since the date of hearing is in April, you wait for the decision of court on that date. You will get fresh summons after that date.

Dont appear before court without receiving any summons.

Since the allegations of the company are appearing to be false you may challenge them in the court of law when you participate in the case.

They cannot withhold your PF amount, you can write to the PF commissioner directly about this, they will take care of the problem to get you the relief.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

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