Bond breaking

Company has no right to retain your original certificates for indefinite period or permanently. Company may ask to show the originals and to handover the certified/attested/self attested copies.

You must ask to return the certificates in writing under acknowledgment.

Companies is keeping you under the thumb by not only getting a bond signed but also by keeping originals.

One should always consult elders in the family, experienced and competent well wishers, trained legal mind/lawer/law firm before taking such steps like signing a bond, depositing original certificates.

can i take any Legal action against them for holding my certificates?

Yes.

Do you have an acknowledgment issued by the company towards receipt of your certificates? If you do not have send a gentle communication to return your certificates ( mention a list of all certificates) collected by Mr/Ms...........( mention name , designation, department, address  and date ) say within 7 days by redg/speed post in excellent condition.

not only mine they are holding about 50 Employes

not only mine they are holding about 50 Employes certificates

"One should always consult elders in the family, experienced and competent well wishers, trained legal mind/lawyer/law firm before taking such steps like signing a bond, depositing original certificates."

It is indeed disappointing that none out of 50 consulted any one.

Now all of these 50 employees should demand in writing under acknowledgment, their original testimonials back in excellent condition.

If all 50 join and remain united it shall benefit each one.

sir, 

I have signed a bond with my previous employer they given me training which cost 5000rs bond worths 75000

I resigned the job giving one month notice but they failed acase against me.  Copy of bond IS ATTATCHED

Sanker:

All of the 50 employees be witness to each other and approach o/o Labor Commissioner.

It shall be good if all avail the services and expertise of a competent and experienced labor consultant/service lawyer and as per advice of your counsel lodge a police/criminal complaint.

Sarath,

You have posted that:

“In case the bonder has already undergone a course of study with employer.”

If the company has paid expenses of course, company can stake claim for fee/expense on course. Company may have to produce proof of actual expense/receipts to the satisfaction of employee/court.

“The employer will give adequate training for the bonder an all matters incidental to his employment, as found fit, at the expense of the employer.”

If this training pertains to enable the employee to run the machine, implement the strategy of the company, sell products of the company, to perform his job etc company may not succeed in its claim.

If the actual cost of the training is Rs.5000/ and this training has added to special skill/qualification, company should limit its claim to this amount.

Approach your lawyer/labor consultant, show the copy of your appointment letter, bond, HR policy, employee rule book, standing orders of the company, and give inputs in person contest the case. The bond may be in violation of standing orders.

Valuable advice of learned experts/members is sought.

Sir , can i get SC / HC verdicts on similar case

Sarath:

You have posted that company has filed a case.You need to contest.Your lawyer shall decide which judgement is to be referred to.

Kindly approach a competent and experienced labor consultant/service lawyer specialising in such matters.

You may find the attachments useful.

Bonds Forceable or Unenforceable.

Validity of Employement Bonds.

bond is a  crime and is abolished  abolition of bond act if you are planing to leave the company you can ask the certificates back. they will give you the certificates. else join a labour union regarding working for nine hours as the working hours are nine and make a labour union in the office. tell the company to hand over your certificates. a bond is not a  contract and hence they can cheat you of your salary because it is a void contract. void unlawful. to fight them you will have to go to labour court if they do not pay you salary where lawyer will charge rs 20,000 to 50,000 to take the case and rs 1000 to 7000 to go to court for  court procedings which will last for 4  to 5 hearings to 75 months or 5 years or 10 years