Hi my name is vijay and i want to know that if employer issue offer letter stating that i will be apointed on or before 26 jan but didnot join me and reply me to search another job as i m already jobless bcz after getting offer i resign from previous company. In this case how i will get compensation from employer where employer and employee had already sign offer letter
From India,
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 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 specific period, you can recover damages of salary for that period (SS Shetty case decided by the Apex court) or it depends upon relevant statutory enactment e.g. Shops and Establishment Act of specific State and terms and conditions of appointment..
Thanks
Sushil

From India, New Delhi
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