Question:medium

Ramesh's job contract with M/s XYZ bars him from joining any rival software firm in India for three years post-resignation. But after resigning within three years, he joins a competitor. XYZ company filed a suit to enforce the restrictive clause. Under the Indian Contract Act, 1872, what is the legal position?

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Remember the simple rule: During Employment = Restriction Valid After Employment = Restriction Generally Void Most examination questions on Section 27 revolve around this distinction.
Updated On: Jun 8, 2026
  • Void-restrains lawful profession after employment ends.
  • Valid Ramesh agreed voluntarily.
  • Valid protects the employer's business interest.
  • Valid-three years is a reasonable period.
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The Correct Option is A

Solution and Explanation

Step 1: Read the facts.
Ramesh's contract says he cannot join any rival software firm in India for three years after he leaves the job. He resigns and joins a competitor. The company sues to enforce the clause.

Step 2: Find the relevant law.
Section 27 of the Indian Contract Act, 1872 says any agreement that stops a person from doing a lawful profession, trade or business is void to that extent.

Step 3: Understand why this rule exists.
Indian law strongly protects a person's freedom to earn a living. So it does not allow most restraints on trade.

Step 4: Look at the timing of the clause.
A restriction during the job is usually valid, because the worker must serve only that employer while employed. But this clause works after the job ends.

Step 5: Apply the law.
A clause that stops Ramesh from working in his own field after he resigns blocks his lawful profession. Under Section 27 such a post-employment non-compete clause is void. So the company cannot stop him.

Step 6: See why the other options fail.
It is not valid just because he agreed, because a void clause stays void. It is not saved by employer interest or by calling three years reasonable, because Indian law does not apply the reasonable restraint test here.
\[ \boxed{\text{Void - restrains lawful profession after employment ends.}} \]
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