Apni Law Staff asked 3 years ago
I joined a private coaching institute in India as a teacher with a two-year contract. To secure the job, I gave them two undated cheques, one for each year of the contract. I left after eighteen months without prior notice. They deposited the second cheque, but I had stopped payment. They then sent me a notice and filed a case against me. They didn’t provide any training, and I didn’t take any loan from them. I needed the job, and they wouldn’t offer it without the undated cheques. After I left, they rearranged my classes and covered the course with another teacher. They didn’t suffer any financial loss due to my departure. In fact, they even had more students and their business grew the following year. Can I win this case? How can I present my case effectively in court?
Best Answer
Apni Law Staff answered 3 years ago
Under Indian law, your situation presents a complex legal issue. While providing undated cheques can be considered a binding agreement, the institute’s lack of providing training and their lack of financial loss due to your departure could be argued as mitigating factors. Presenting evidence of their lack of loss, the coercive nature of demanding undated cheques, and their subsequent actions after your departure can strengthen your case.
Please login or Register to submit your answer
