Bond And cheque agreement
Priya
(Querist) 26 November 2016
This query is : Resolved
Hello Experts
I badly need your help. Around 3.5 years back I joined a company and signed an agreement that I will not leave the company for one year. They also asked me to give them a cheque with the amount of 80k that in case of leaving the company they will encash it.
I left the company after 1.5 months and tgen after they started calling me and sent me a notice which I did not accept. Thereafter I visited them and requested them. They did not do anything and now after so much of time they have applied 138 for cheque bounce. I dont remember anything about the cheque, account or anytjing else.
I got married 2 years back and I am a pregnant women. I cant discuss it with anyone. I am not doing any job even. Please help me
Kumar Doab
(Expert) 27 November 2016
You have signed the Bond and handed over the cheque.
One Perspective: If case has been filed, then you may pay.
Other Perspective: You may contest it on merits, if you have merits.
Have you consulted a very able counsel for this cheque bounce case, so far?
If yes, what is his/her opinion?
Your counsel may want to know:
Do you have copy of Bond?
Does it state................that in case of leaving the company they will encash it.?
Do you have copies of job advt, job application, interview call letter, selection letter, offer letter, appointment letter, resignation letter, acceptance of resignation,salary slips , FnF statement/settlement.........etc?
The Bond was drafted in lieu of what extra ordinary benefit say; some certified course of training from some certified instt?
Also have you been a member of employee's/trade unions?
Have you approached them and do they opine that they can take up with employer and pursue?
Rajendra K Goyal
(Expert) 27 November 2016
Engage some lawyer and defend the case in court.
It is better to have amicable settlement.
Kumar Doab
(Expert) 28 November 2016
Your counsels may opine that the said Bond/Indemnity Bond/Service Agreement was unconscionable,unreasonable etc etc and that you have merits.
You can decide your next response accordingly.
Kumar Doab
(Expert) 28 November 2016
There are many highly illustrated threads in both Forum and Experts section on :::'Bond/Indemnity Bond/Service Agreement' along with citations, rule position, judgments that you can search in 'Search' option on middle and bottom of this web page................Just type the key words.
Rajendra K Goyal
(Expert) 29 November 2016
May proceed as advised by the expert Kumar Doab.
Kumar Doab
(Expert) 29 November 2016
Another Perspective: If you under any situation decide to pay,lodge protest in writing under proper acknowledgment, so that later you can agitate to recover.
Are you a member of employee's/trade unions?
You should respond after posting query.
Don't get bogged down by acts of employer!
