Even if you quote 100 cases pertaining to section 27 of contracts and Art 19, it is clearly established in India that, the bond which hinders the development of the individual, and the bonds which are void abinitio, the bonds of malafide intentions, acts impossible to do anymore, would only be made exceptions..... In this case, it is only for 3 years, and that too are bifercated, secondly the purpose is clearly established, both parties benefit from it, thridly, terms and conditions of the contract and any clauses in it does not prove the malafide intentions nor does it highlight the exploitation....... And, as discussed earlier, very true and agreed that No body can force any one to do anything, in such cases the other party who under go the losses can not keep quite in silence, he also has the right in personam to get what he was asked for and invested upon, so can always claim either for specific performance, surely for compensation and damages......
I kindly request you to read the case completely, and please know the difference between complete restraining/restrictions and reasonable restrictions, because the cases you have referred are irrelevant in this matter...... I would rather request you to check out for the case for "breach of employment contracts" in which the rights and libilities of the employer and employee.......... and also refer the cases under apprenticeship act......
In this case, if the areement is valid and the employer is bonafide mens mentis , then the candidate here can never escape the liability........
In simple words, no body can force you to do the act, but once you have agreed to do the act, which is legal, possible to be completed, then you are ;iable for what ever you are agreed for, and in case of your failure to do such acts agreed upon, you will have to pay the compensation and damages to the otherparty.....
Just think generally, if what ever the cases mentioned in there apply in every case, what should the employers do?? every on leave after the training..... who will substantiate the losses and what is the return on investment???
If still could not grasp the points said, I can explain the same taking each case being quoted and how they are not relevant in this particular matter, and how the issues completely differ.......
Both the parties are equally supported by law, what ever may the matter, afterall natural justice can never be ignored.....