Q:I had a contract for teaching at a private school for 13 months. Just three days before the contract was due to end, the school authorities asked if I was interested in renewing my contract. I gave a positive answer. But surprisingly, the authorities told me after three days that they were not interested in renewing the contract. A few days later, they again told me not to join any other school because they were planning to make a fresh offer. However, later they again gave me the same answer that they were not interested in re-employing me. Thanks to those people, I lost the other offer which another school had made to me. Is there anything that I can do against them?
Biswajit Ganai
A:It is unfortunate that the school authorities treated you in such a manner, but there does not seem to be much that you can do. At best, there was a discussion between you and the school authorities for renewal of your service contract or for entering into a fresh service contract. In fact, no renewed contract or fresh contract came into existence and hence you have no case for breach of contract. If you can establish or prove by adducing evidence that the school authorities represented to you that they would definitely make a fresh offer to you and that on the basis of such a representation, you refused the offer made by the other school and thus suffered monetary loss, you could possibly try your luck before the civil court by filing a suit for damages. However, please note that a suit is often a long drawn and costly process. You could also make a representation / complaint to the statutory authority, if any, which supervises the administration of the school.
Q:I was an employee of a public limited company and in that capacity I was and still am occupying a company flat for the last 12 years. I retired two months ago. The company is putting pressure on me to vacate the flat immediately. The problem is that my daughter is going to get married in December this year and shifting residence before her marriage will cause a lot of disruption. I know that the company can file a suit for eviction against me but I am told that it takes years before such a suit is finally decided. I am willing to take that risk and in any event, I propose to vacate the flat at the earliest after my daughter’s marriage. My query is whether the company can take any other step against me? Can the company with-hold my retirement benefits till I vacate the flat?
Name withheld
A:Your withholding possession of the company flat after retirement is prima facie wrongful. Apart from filing an eviction suit, the company may file a complaint against you under Section 630 of the Companies Act, 1956. Such a complaint is of a criminal nature. If the court is satisfied with the complaint, it may impose a fine extending up to Rs 10,000. The court may also direct you to give up the possession of the flat within a specified time period, in default of which imprisonment for a maximum term of two years is prescribed. But in my opinion, the company cannot withhold your retirement benefits with a view to pressurising you to vacate the flat. My advice would be to negotiate with the company’s management to permit you to occupy the flat till after your daughter’s marriage, even at the cost of paying some rent or occupational charge.
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