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SIMULTANEOUSLY DOING SOLE PROPREITOR BUSINESS WHILE WORKING IN OTHER COMPANY
Question
I am doing sole proprietorship business while working in a private firm (full time employment),
as i am having the company hard disk to cooperate till one month after my resignation.
after resignation – i filed a claim for gratuity. In counter to this, company threatened me
for doing simultaneously my side business, and a 420 case for data threft and misuse from the hard disk.
They have my GST details along with the supplier list. One thing i want to add the major client of my business is the company i was working with.
Pl. Advise legal remedy for :
1) Can i do side business while working in other company, as there was no such clause in my offer letter at the time of my joining.
2) can they do file 420 case on which grounds
Answer ( 1 )
If there was no condition in the offer letter or the HR policy and other terms and conditions of the company as regards full time employment, then such side business is not barred however if in your employment letter, it is stated that you shall be a full time dedicated employee then in that scenario, side business was not permitted.
even then a case under section 420 IPC is not maintainable. at the maximum, they can sue you for the breach of the terms and conditions claiming monetary damages if incurred by the employer.