nageswararao (JTO) 24 April 2012

Bond of bsnl

Hi everyone... I am working as a JTO in BSNL for two years. I signed the bond to serve the company for 5 years otherwise " I have to pay 2Lakhs along with 18% interest " as per the terms in the bond.

But, the bond itself has some inherent flaws in it.

1) Our previous batches of JTO recruitment the bond is " 85000 + stiphend received during training along with 18% interest" . JTO 2001 to 2007 all are executed this bond only.. But we JTO 2008 are under the newbond which says " 2Lakhs along with 18% interest". With the same cadre and same pay scale whether this inequality in bond agreement is accepted????

2) Previously I am working with TCS. When my result came out I resigned from TCS and prepare the bond of 85000 and submitted. But all of a sudden they have changed the bond overnight to 2Lakhs. Already I have releived from TCS and I have no job in hand and I have to sign on the bond in this situation. Which I can term it as Exploitation. Is it not?? Can we go to court in this case as per the right against exploitation??

3) How can we interpret that 18% interest. I thought it would be for the delay in paying the bond. But they are saying it will count for the period of service. It means the more the service more will be the bond amount. Logically bond must be constant or decremental but in this case it is incremental bond. When there is no clarity on the period of interest how can they go in their favour??

4) Now actually I completed my notice period... now they are asking me to pay the training stiphend amount which i need not pay as per the terms of the new bond. They are mixing the two bonds like 2Lakhs from new bond and training stiphend from old bond... What can be done in this situation??

Finally, If they didnt agree with me what can I do?? can I file a court case against them... is my argument is having strength according to court of law?? where to file a case and how much cost I have to bare?? what are the various charges and total cost? Please suggest me.. I am in urgent need of these clarifications. After getting releived from BSNL I am planning to go for M.Tech... if I file a case in court can I manage my studies along with the court proceedings?? Please help me... thanks in advance...

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3 Replies

Kumar Doab (FIN) 25 April 2012

You have posted :

--"now they are asking me to pay the training stiphend amount which i need not pay as per the terms of the new bond."

"They are mixing the two bonds like 2Lakhs from new bond and training stiphend from old bond"

Is your employer asking to pay both training stiphend amount +2Lakhs from new bond and if yes it in writing?

It appears that all statement s of the employer are verbal. You need to obtain a letter in writing and clarify in writing.

--"I resigned from TCS and prepare the bond of 85000 and submitted."

Did the employer declare in the advertisement, offer letter, appointment letter that the candidate has to execute a service bond and if yes which one first one or second one?

Did you submit the first bond under acknowledgment?

Did the employer issue any written communication that second bond is to be executed and if yes when was it issued and supplied to you? Did you submit the second bond under acknowledgment? Did you demand in writing under acknowledgment that first bond be cancelled and returned to you in original?

You may clarify the whole matter with good offices of your appointing authority.

You may visit a competent and experienced service lawyer with all docs and give inputs in person. If you are a wrokman you can approch O/o Labor commissioner.

nageswararao (JTO) 25 April 2012

Dear Kumar,

Thanks for ur reply.

Certificate verification and Bond submission were done in the first week of december. I resigned TCS w.e.f 27th November 2009. First bond they have rejected and demanded to prepare new bond. So, I was forcibly signed the new bond on 4th December 2009 as I already left the job..

Joining Date of BSNL is 19th April 2010 and appointment letter was dated 26th July 2010 after 14 weeks of training. So, bond was taken before appointment.

Anyway I have argued with the officers concerned and they have accepted that the training stiphend need not be paid. M

My only problem with the bond is that why it is incremental in nature. When there is no clarity on what duration interest must be charged how can they charge for the length of the service. Any particular clause to fight against this??

Kumar Doab (FIN) 25 April 2012

If the employer declared in the advertisement, offer letter, appointment letter that the candidate has to execute first service bond and at the time of joining produced 2nd bond with even hrash conditions then you have signed under stress.

It is felt that your contention on interest and incremental nature of bond is right.

Regret can not provide court decisions on it.

Valauable advice of learned experts/members is sought.