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Atul (z)     11 October 2011

Service bond validation

I entered  in a service bond with a company in july 2009 , for the period of three years . The Bond breakage cost was for three lakhs .

The company made me to sign a bond in may 2009 stating that it will come with an effect from 20th july 2009.

In the bond it was mentioned at the bond is being signed on 20th of july at chennai , how so ever none of the two parties were at chennai on 20th of july , 2009 as then we were made to join at New Delhi.

Many people from my college signed the bond on may 2009 but didnt join the company on 20th july 2009.

In the bond the registered office of the company was mentioned at chennai while it was at new delhi .

The bond was made to sign on a rupees 50 non judicial stamp paper of U.P. , stating that all the disputed were to setteled in the courts of chennai only.

My salary slip showed my date of joining as 20th july , 2009 while my PF slip shows my date of joining as 20th november , 2009 which is in contradiction with the bond.

The promise of on job training was given on the bond but  it was not given to us , rather we were assigned some projects in addition to our regular duties ( proof is there ) , even we were forced to work beyond work hours and also we were paid night allowances which were paid to regular staff , so we were not trainees anymore for the company.

On december 2009 , the  acompany annouced the sale of all its shares to two different companies ,and annouced that it will be divided into two companies with in a year .

In march 2010 , the new management took over and the sale became effective , the management was changed and company was in transistion .

In June 2010 , i tendered my resignation to the company as i was not willing to join any of two prospective owners .

i didnt claim my LTA , Medical ,PF and even my last month salary to the company .

In June 2011 , many of my friends who left the company on same ground and are having the same bonded conditions got the notices from the chennai courts.

I didnt get any notice yet so I am worried how to know that they have filled a suit aganist me or not.

Also , I shall be changing my residential address with in a month which was furnished to company  , so do i need to provide them my updated address or what is I am not able to respond to summons from the courts of law.

The company also has my email address with it on which it used to send me form 16 and salary slips , They sent some mails to my friends regarding the breakage of bond but not  to me .

Please help me out , and also tell me what are my chances of winning this dispute incase it arises , will it have an impact as i am supposed to be facing an interview for a goverment Job .



Learning

 3 Replies

Kumar Doab (FIN)     12 October 2011

The employee shall  chose the employer.

You can suggest to all your friends to join and proceed against the company. They should approach a competent service lawyer at the ir HQ.

As far as you are concerned it is said" we will cross the bridge when it comes"

1 Like

Vijayarajan (Executive Director)     13 October 2011

No employer can forcibly retain an employee on the ground of an agreement signed at the time of employment

K C S Kutty, Pune (Faculty )     15 October 2011

Vijayarajan Sir, please quote case laws  of the above view for the benefit of many employees who face similar situations.


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