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Showing contexts for: Computer faculty in Global Village vs Age 27 Years on 16 January, 2021Matching Fragments
13. Per contra, to disprove/rebut the case of the complainant, the accused need not choose to lead evidence nor produced any documents.
14. Upon careful scrutinizing rival parties, documents and oral evidence, it depicts that, admittedly the complainant company is a software company, this company provide training to software engineers subject to the terms and conditions of the company. The accused is trainee under the complainant company he himself approached the complainant and submitted his application as well as bio-data and other particulars, the complainant company after holding written test and interviews engaged accused as a trainee in complainant company with effect from 22-11-2013 subject to the terms and condition mentioned in letter of engagement dated 22-11-2013. The present complaint filed by the complainant company for recovery of Rs.2,00,000/- from the accused which is due from accused as a loss caused to the SCCH-26 complainant company as per the terms of contract. The accused had issued four cheques for indemnified the employment given by the complainant company. To prove the above facts, the complainant company authorised Senior Executive H.R. examined before this court and he produced Ex-P1 to 20. The accused fully cross examined PW-1. On careful perusal of Ex-P14 and 15, the accused and his father furnished some particulars before applying job as per Ex-P14. In Ex-P15 stated that " whereas the training at the organization is also duration of six months which is liable to be extended until successful completion of training at the discretion of the company as mentioned in the trainees performance management system''. Further in Ex- P15, whereas the training involves considerable expenditure both direct and indirect financial and unliquidated related to faculty, computer time, support facilities and infrastructure while undergoing training etc., Further in Ex-P15 clause 2 clearly stated that " the employee undertakes to undergo training at any establishment of the company or any where for a minimum period of six months which is liable SCCH-26 to be extended until successful completion of training at the discretion of the company as mentioned in the trainees performance management system and thereafter if offered regular employment to serve the company or any of its associates or affiliated institution/s or at customer place in India or abroad to which he may be transferred/posted, for a minimum period of 30 months from the date of commencement of employment and the employee agrees not to leave the training during the training period and or leave the service of the company during the contractual period of 30 months from the date of commencement of employment. Further employee agrees not to leave the training and or leave the service of the company during the contractual period of service of 30 months from the date of commencement of employment and not to take-up any employment with any other person, firm or company during such period. The employee is giving this undertaking in view of the considerable expenditure incurred by the company on him for the training.