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Can employer sue for damages if they did not suffer the same ?
23-Jan-2023 (In Labour & Service Law)
I joined a private limited coaching institute as a faculty with 2 year agreement and gave them 10 and 12 lack two undated cheque for 1st and 2nd year. I left the job after one and half year without any notice. They produced only 2nd cheque in bank but it went stopped cheque payment done by me. They they sent me notice and then filed a case . They didn't give me any training and I didn't take any loan from them. I wanted job and without those undated cheque employer were not ready to give me job. As I left , they rescheduled my classes and covered the course with other faculty and they had not financial loss due to me. Even next year after my leaving they got more student and their business increased. Can I win this case . Suggest me how can I strongly put my case in court.
sir, in this case you need to see what is there in agreement , language and content of agreement at the same time what sort of action they could take against if any employee in this case as you have left without giving any notice . after perusing all document it can be commented but one thing is clear you have brighter chances to win.
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Adv. Devesh Tripathi
Jaipur | 100+ Answers
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since those cheques were issued for a security purpose. the same cannot be termed as a transaction. if they have filed a complaint the complaint is itself not maintainable and required to be rejected on this premise alone. you just have to file a good reply taking your preliminary objection before the court regarding maintainability of the complainat.
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Adv. Hemant Taylor
Jaipur | 100+ Answers
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My dear friend , As you have state that two cheques have been given by you , when you have left the job , cheque was deposited and on not satisfying the cheque notice was surely be served upon you , Have you replied to that notice or not ? if you have replied with all facts then these can be your defence in your case. You should also demand your remaining cheque from the institution or give the notice. Before court every fact must have to be state with docs if you have.
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Adv. Prem Dayal Bohra
Jodhpur | 100+ Answers
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