Salary, employment laws and bonds
Dear sir, i am a graduate student from Rustamji institute of technology BSF Academy Tekanpur. In my college a company name capital height was coming for placement. This is a advisory firm company and gives offer to work with capital height on salary Rs.25000 per month but when i was joined it they reduce the salary to Rs.6500 only that's why i am decided to resign that company. During my joining they provide me the salary account in HDFC bank with chaque book and take a blank chaque from my book with my sign. They send me a notice ,what should i do please provide me some advise.
The first step you should take is sending a ‘Stop Payment’ letter to the bank, addressed to the Bank Manager. In this letter, request the bank to stop encashment of the cheque issued to the company, for which you should provide the bank with:
If you have issued a blank cheque, including only your signature, without the date and payee’s name, then mention this in the letter and request the bank to cancel encashment for the cheque number in all cases, irrespective of the bearer’s name. It is advisable that you personally visit the bank as well, to ensure the receipt of the letter and to get a confirmation from the bank’s side regarding the cancellation of the cheque.
Once this is done, you can sue the company for breach of contract. There are 3 essentials for a valid contract:
After the completion of all these steps, a contract can be said to have completed between you and the company. It is receding from its proposal by reducing the proposed salary to Rs. 6,500 after communication of your acceptance; this is prohibited as under S. 5 of the Contracts Act, which lays down that revocation of proposal is acceptable before the communication of acceptance as against the proposer, but not afterwards. Communication of acceptance as against the proposer is complete as soon as such communication is initiated by the acceptor, as provided by S. 4 of the Contracts Act. In this case, thus stage has far been crossed and hence, the company cannot revoke its proposal.
The major clause of the contract being your appointment, you can file a civil suit against the company on grounds of breach of contract. You can demand compensation for the damage or injury caused by such breach under S. 73 of the Contracts Act.
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