Suit of Recovery from My employer on me for breaching Employment agreement.

Feb Salary in Hand- 28735, EPF contribution - (Employee Share- 1018, Employer Share - 32, Pension Contribution - 541) total salary = 30326
March Salary in Hand - 27635, EPF contribution - (Employee Share- 1018, Employer Share - 32, Pension Contribution - 541) total salary = 29226
April Salary in Hand - 27435, EPF contribution - (Employee Share- 1018, Employer Share - 32, Pension Contribution - 541) total salary = 29026

May Salary in Hand - 20,000, EPF contribution - (Employee Share- 1018, Employer Share - 32, Pension Contribution - 541) total salary = 21591
So if you check missing amount for every month is 2500-4000 and for May its 11500.

Variable pay will get deducted like your food expenses, transportation, insurance etc- there was no such thing mentioned in my offer letter nor agreement. And if they deduct such kind of things it should me mentioned before hand. Once HR told me we have office expense for which salary is deducted but I am not liable to pay any office expense as per my experience.

on the basis of this is this the breach of agreement from there end.

Attach above is the agreement copy

Being a summary suit, leave of the Court needs to be secured in terms of the provisions of Order XXXVII Rule 3 -

3. Procedure for the appearance of defendant—
(1) -------------------------------------------------------------------------------------
(2) ----------------------------------------------------------------------------------------
(3) On the day of entering the appearance, notice of such appearance shall be given by the defendant to the plaintiff’s pleader, or, if the plaintiff sues in person, to the plaintiff himself, either by notice delivered at or sent by a pre-paid letter directed to the address of the plaintiff's pleader or of the plaintiff,
as the case may be.

(4) If the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a summons for judgment in Form No. 4A in Appendix B or such other Form as may be prescribed from time to time, returnable not less than ten days from the date of service supported by an affidavit verifying the cause of action and the amount claimed and stating that in his belief there is no defence to the suit.

(5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just:
Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious:

Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court.

(6) At the hearing of such summons for judgment,—
(a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or
(b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or Judge may direct him to give such security and within such time as may be fixed by the Court or Judge and that, on failure to give such security within the time specified by the Court or Judge or to carry out such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to judgment forthwith.

(7) The Court or Judge may, for sufficient cause shown by the defendant, excuse the delay of the defendant in entering an appearance or in applying for leave to defend the suit.


It is important the defendant's affidavit, as provided, under sub-rule (5) is drafted and presented and carefully with complete attention to facts that no situation as contemplated under the second proviso arises.

Once the leave is obtained, the suit proceeds same as anu other suit and you can even have the option for filing a counter-claim, if so advised.