LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Saibal Sen (Student)     27 May 2011

Bond Breaking

Dear Friends

I hv signed a bond agreement for 3 yrs with a Ltd Co now I hv left it now the Co wants to File a case against me . Now my question is that whether the Co can suceed against me or not????

My Contract Terms

1. For 3 yrs Employment

2.Payment of Compensation of Rs 50000 if broken within 1 yr

3 The Bond Agreement is signed on A4 size computer paper with no Stamp Paper , whether Judicial or Non-Judicial

4 Witness was the Employee of another Co but under same management ( they r the Co  people )

5. The agreement shows my two position as a) APPOINMENT ON RETAINERSHIP BASIS AS ACCOUNTS MANAGER b) AGREEMENT AS A EMPLOYEE . Now how can I be a RETAINER & EMPLOYER at the same time.

6 Company has kept security deposit of Rs 18000.00 my first month salary , again they have not paid me my last months ( March ) salary in summary only One cheque has been issued by them in my account after deducting TDS of 10 % as a professional but without any Bonus , Gratuity , Leave , Medical Compensation etc nothing has been mentioned on my Agreement

7.The Contract is one sided with Co benefits compared to me it only speaks only of Rs 18000 salary .

8 The Co used to transfer me to different units for working under different co with No relation to Co in which I have been appointed.

9. Lastly the Co has not trained me I m well experienced and infact they r using my experience to accomplish their objectives , so how can they r demading Compensation from me

Friends I think Bonds are not legal in INDIAN COURTS , under Article 19 of Constitution  and Under 27 of Indian Contract Act

PLEASE HELP

SAIBAL



Learning

 1 Replies

Kumar Doab (FIN)     27 May 2011

It is not clear whether any appointment letter was issued to you or not?

It appears you have joined on the basis of an agreement only, as described by you.

Does the agreement state that the company shall deduct Rs.50000/ from intial month's salary.

You should show all your documents to a competent service lawyer/law firm and proceed under expert advice.

 Consult your family,elders,well wishers, a lawyer before  you sign on the dotted line.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register