Hi, my name is Vijay, and I want to know if an employer issues an offer letter stating that I will be appointed on or before 26th January but does not hire me and asks me to search for another job because I am already jobless since I resigned from my previous company after receiving the offer. In this case, how can I receive compensation from the employer when both the employer and I have already signed the offer letter?
From India,
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From India,
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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 the employer by not allowing you to join renders him liable for damages under sections 73 and 74 of the Contract Act. If your agreement was for a specific period, you can recover damages of salary for that period (SS Shetty case decided by the Apex court), or it depends upon the relevant statutory enactment e.g. Shops and Establishment Act of a specific State and the terms and conditions of appointment.
Thanks,
Sushil
From India, New Delhi
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225Thanks,
Sushil
From India, New Delhi
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf