Asked in Employment or Labour
Hi, Indian judiciary has placed higher importance on right to livelihood of the employees over the non-compete enforcement. So getting relief for violation of non-compete clause would be very difficult. The Hon'ble Supreme Court has held that such agreement beyond the period of employement would be void under Sec. 27 of the Contract Act. But you can still get the remedy provided you can prove that the restrain is fair, but it would be difficult. Change in jurisdiction is of no consequence. If you find my answer helpful, please rate me.
court has preferred livelihood of employees over the non-compete enforcement. thats the truth,
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