A company had hired me for a position & had made "service agreement( for a year)" with me as a consultant. On the date of joining they postponed my joining giving some reason; & this postponing continued for almost 2 months ( Each time a new person form hr dept used to meet with new reasons). Finally, got tired and collected my original documents & cheque (which was taken by them) from them. But this has wasted my two months and I was expecting some compensation from them. So I just wanted to know whether it was possible for me to get compensation against my two months?
From India, Pune
Dear S-pisal,
Since it is settled that general principles of contract are applicable to master and servant relations (vide Shriram Piston and Rings vs TS Mogha case) decided by Delhi HC in 2012 or 2013 the breach of contract committed by employer by not allowing you to join renders him liable for damages under sections 73 and 74 of the contract Act. Now since agreement was for one year, you can recover damages of salary for the period of one year(SS Shetty case decided by the Apex court).
Sushil

From India, New Delhi

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