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sanjeev kr. kushwaha (engineer)     31 January 2011

breech of agreement for new govt job

I am working in electricity distribution company called madhya pradesh madhya kshetra vidyut vitaran company lt is wholly owned by MP GOVT. i have furnished the agreement bond for 5 years after training period of one year and probation period of two year after one year training. I joined this company as trainee on aug 2007. In july 2010 company called all of us for meeting in bhopal and ask to change the agreement date (2009 in place of 2007) in already furnished bond. they erased 2007 by fluid and forced us to sign.....in this situation every one again signed and changed the 2007 as 2009.

this company do the business like a open shop.....no meter for electricity and no security... always theft  like a business of open shop..always force employee to recover electricity bills unless he should ready for punishment. so i m now become  frustrated what should i do....my bond include 1lakh surity bond and training expense of 3.5 lakh.

Now i want to join another deptt. under the MP Govt. My question are….

1-Tthis legal to change the date ? i was compell to change the date.

2-If i am joing under the same govt, still i will have to pay the bond ?

3- After training period what amount I will have to..?



Learning

 4 Replies

Shafiq (Asstt. Manager (P&A))     01 February 2011

Dear Sanjeev

Problems faced by you have become so common that nearly the whole young gen working in the state PSU, central PSU are facing the same. In central PSU the its a bit ok, but in state PSUs its  pathetic. Corruption is so rampant in state ones. Factories are generally sick and exploitations are high in state PSu.  State PSUs are generally by "Neta log" bole to politicians. I am also in  a state PSU (Electric Generation) and facing equivalent problems. The contracts are generally hopeless and one sided. I myself have started a forum in this site under service head named An Appeal stop exploitation by Employer thru Bonds
 

I on behalf of the budding gen request the larned experts to take up such matters seriously and advice some ways to get rid of such sucking agreements.

 

Regards,

Shafiq
 

Kirti Kar Tripathi (lawyer)     01 February 2011

 

If it is not a new contract and you were forced to signed on so called corrected contract, I think, it must have contained earlier date too. So you can challenged the same as tempered. However, if you entered in new contract, it will be difficult to deny its compliance as new contract has superseded old contract.

 


(Guest)

Dear Sanjeev,

 

It is difficult to change the mentality of people in power that be. Of course remedies are always there, but some struggle is needed on your part for geting a solution.

 

From the descripttion of your problem it seems the agreements have been manipulated in bulk after a lapse of two years period. That instance can be in your favour provided all of your colleagues collectively decide to challenge the acion of the management either through your association, if there is any, or by raising the issue in a court of law. But, if you take up the matter individually some hardship of course is destined to be faced by you. But, still if your advocate equests the court of law to summon all such agreements in the court of law to verify the bungling, that can well prove the foul play of the management to get the matter solved.

 

PS Dhingra

Chief Executive Officer

Dhingra Group of Management & Vigilance Consultants

New Delhi-110089

Mobile: 09968076381

[dcgroup1962@gmail.com]


(Guest)

Dear Shafiq,

 

I have already stated in my previous post, it is difficult to change the mentality of people in power that be. Experts no doubt can suggest the remedy, but can't take up directly with all the corrupt managements in India. The saying "Muddai Sust, Gawah Chust" would be proved correct in that case. Until the employees themselves take up the cudgels, nobody can provide remedy to their problems.

 

In fact the main problem is that at the time of employment, as the candidates are in dire need of jobs, they just sign any document that is produced before them without applying their mind on the condiions stipulated therein, or even after joining service also with the fear that management may not terminate them by hook or crook. Needless to mention, it is for the candidates that they should weigh all the pros & cons of the conditions laid before them and sign only when they feel they would be able to fulfil the conditions prescribed in the agreement while in service, so that they should not repent later.

 

The only remedy for them is to score the conditions, each under their own signatures, whichever are not acceptable to them. That is the only solution to serve with self respect. Of course, many of them would face rejection by the management as due to shortage of jobs many others would be ready to offer their services by accepting the same conditions. So, where is the remedy, except  challenging the management at some later stage, if the candidate has to accept those condiions under compulsion. Sometimes that has to be done knowingly.

 

I can remember one case pertaining to the year 1973, when an employee, after vigorous pursuit was able to get orders of his repariation to the jurisdiction of original unit of his recruitment, was asked to sign an undertaking that he would lose his original seniority for the purpose of future promotions and would rank as the juniormost employee of all the existing employees of that unit.  While he was not ready to sign that undertaking, he met with the threat that if he refuse to sign the undertaking his transfer would be cancelled. When he contacted me on phone, I advised him to sign the undertaking and get relieved, as he would not be able to return to his parent recruting unit in future of would not sign. I assured him that his seniority case would be fought after he joins his parent unit, as I was fully confident to make the management yield on account of their undue and illegal condition being imposed on the employee. Later after his joining his case was taken up with facts and figures and the management was proved wrong in heir acion. The top management had to agree for the restoration of his original seniority.

 

So, everything depends upon the strong will of the employee, if he is forced to do some undesirable action.

 

PS Dhingra

Chief Executive Officer

Dhingra Group of Management & Vigilance Consultants

New Delhi-110089

Mobile: 09968076381

[dcgroup1962@gmail.com]


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