16.07.
2024
BY REGISTERED AD
To,
Madhur
D/o Sh. Sumit Sharma
#52-57, Near Market Committee Office
Bazaar No. 7
Firozpur Cantt.
Subject: Legal Notice for Breach of Terms of Employment Agreement
Our client: 1. Times Health Care Clinic, SCO 120, Sector 20-D. Chandigarh,
through its proprietor Dr. Aarti Gupta, r/o H. No. 227, Sector 70, S.A.S.
Nagar, Mohali, Punjab.
Dear Ma’am,
We are concerned for our clients and under the instructions of the Clients, we hereby
serve upon you, this legal notice.
1. That this letter serves to confirm that you commenced your employment with
our client’s organization in the capacity of an audiologist on the 8th of May. At
that time, you entered a probationary period during which you were provided
with comprehensive training. In accordance with the terms and conditions set
forth in the employment agreement, your annual salary was established at
₹4,56,000/-, which is equivalent to a monthly remuneration of ₹38,000/-.
2. That in accordance with the termination clause stipulated in Section 4 of the
employment agreement, you were obligated to provide the company with a
three-month notice period prior to the effective date of your resignation.
Contrary to this contractual obligation, you unilaterally decided to cease your
employment without providing any prior notification to the organization. This
abrupt departure has left the company in a precarious position, compelling
them to urgently seek a replacement while concurrently managing the
expectations and needs of clients and patients who were left without the
anticipated services. Consequently, your actions have not only caused
significant operational disruption but also temporarily ceased the working of
the organization and resulted in severe financial troubles for the company.
3. To talk about things further, the code of conduct mentioned in your
employment agreement in Section 6 states that
“In case of separation, you cant join the competition in hearing aid industry for
one year from the date of separation. If you association is found with the
competitor or you will not serve the notice period then you need to pay INR
50000/- to Times hearing Clinics Pvt. Ltd. As compensation.”
4. That pursuant to the aforementioned provision of the employment agreement,
you are hereby deemed liable to remit the sum of Fifty Thousand Rupees (INR
50,000/-). It has come to our attention through recent reports that you have
failed to present yourself at the designated place of employment. Furthermore,
it has been discovered that you have commenced employment at an alternative
workplace, utilizing the training and skills imparted to you by us in good faith.
5. We made several attempts to contact you via the phone number provided in
our records; however, you were consistently unreachable. Despite our efforts,
you failed to respond and did not leave any messages or communications
regarding your return to your designated place of work. You did not present
yourself for work during this period, thereby neglecting your professional
responsibilities and duties. Instead, you chose to immediately commence
employment with a new company, in direct contravention of the agreed-upon
terms and established protocols governing your resignation and exit process.
This conduct not only constitutes a clear breach of your contractual obligations
but also demonstrates a blatant disregard for the professional standards and
ethical considerations expected of you as an employee. The severity of this
breach underscores the importance of adherence to the terms of the
employment agreement and the necessity of maintaining open lines of
communication with your employer.
6. Therefore, it is established that you are liable to the company for a total amount
of ₹2,00,000/-, which includes ₹50,000/- for the breach of contractual terms
pertaining to the termination of your employment, as well as ₹1,50,000/- for
the resultant financial losses incurred by our client due to your unannounced
and unauthorized absence from the company. The unanticipated departure has
caused significant disruption and financial detriment to the company's
operations. In light of these circumstances, it is evident that appropriate penal
proceedings should be initiated against you to address and remedy the
violations of the contractual obligations and the financial harm inflicted upon
our client. The gravity of your actions necessitates this course of action to
uphold the terms of the agreement and to ensure that such breaches are
appropriately rectified and penalized
Under these circumstances, we are hereby instructed to formally demand that you
remit the aforementioned amount immediately. Should you fail to comply with this
demand, we will be compelled to initiate legal proceedings against you to recover the
damages incurred. Furthermore, we feel obligated to undertake both civil and
criminal proceedings against you for defrauding and cheating the company. The
initiation of such proceedings will be necessary to address the breach of trust and to
seek appropriate legal remedies for the fraudulent actions committed.
Please take Notice accordingly.
Note: A copy of the above state reply is being retained in this office for record and reference.
Garima Pandey
Advocate.
