Dear Mr Nathrao,
While focusing on second point, even though full and final settlement has been made but it can be argued by queriest that bond and contract of service are integrated and indivisible and are related to employment under the Shops and Establishment Act, Payment of Wages Act. Under these Acts it is enacted that no deduction any of kind whatsoever shall be made except as authorized under the Act. After making full and final settlement, the rigour of these provisions are not diluted and cannot be circumvented through other methods. It is a beneficial provision in favour of employee. I recollect that in one of cases, even after discharge of employee, these provisions were invoked by a High Court.
Thanks
Sushil
From India, New Delhi
221While focusing on second point, even though full and final settlement has been made but it can be argued by queriest that bond and contract of service are integrated and indivisible and are related to employment under the Shops and Establishment Act, Payment of Wages Act. Under these Acts it is enacted that no deduction any of kind whatsoever shall be made except as authorized under the Act. After making full and final settlement, the rigour of these provisions are not diluted and cannot be circumvented through other methods. It is a beneficial provision in favour of employee. I recollect that in one of cases, even after discharge of employee, these provisions were invoked by a High Court.
Thanks
Sushil
From India, New Delhi
1. An agreement that is not registered has no legal sanctity.
2. Is there any term which specifically mentions that amount & interest will be charged in case you left before the period? If yes, then you are in trouble. If not, prepare reply with the aid of civil advocate from your side and send it across.
Other things are irrelevant to the claim letter reply.
Shrikant Prabhudesai
7738665045
From India, Mumbai
2. Is there any term which specifically mentions that amount & interest will be charged in case you left before the period? If yes, then you are in trouble. If not, prepare reply with the aid of civil advocate from your side and send it across.
Other things are irrelevant to the claim letter reply.
Shrikant Prabhudesai
7738665045
From India, Mumbai
An agreement should be on stamp paper of appropriate value and be notarised. It need not be registered under the Registration Act because it does not pass any interest in immoveable property. In all bond agreements the liquidated amount is invariably mentioned to be payable in case of breach of contract but that itself does not make a cause of concern because under section 73 and 74 of the Contract Act only reasonable amount appropriate to expenditure incurred may be recoverable.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
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