Submission of originals under bond
Querist :
Anonymous
(Querist) 12 August 2011
This query is : Resolved
Is the Service Bond legal in India and what is the remedy available if the employee is not getting salary from the company and the employer is asking money to relieve the original certificates?
No bond says that a person is entitled to work without any pay. The damn employer hasn't removed my name from his BSE data as a CS. Can I go for legal proceedings against him? Shouldn't court issue some order to stop employers adopting this as a practise to make money on the sake of peace of person struggling for a job?
prabhakar singh
(Expert) 12 August 2011
section 27 of THe Indian contract Act is the law, in my knowledge,which will govern cases of bonds like one you are talking about. hence section itself is reproduced below:
The Indian Contract Act, 1872
27. Agreement in restraint of trade, void
Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void.
Exception 1 : Saving of agreement not to carry on business of which good will is sold - One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided that such limits appear to the court reasonable, regard being had to the nature of the business.
1[***]
As i have no opportunity to examine your bond ,study yourself.
Ajay Bansal
(Expert) 12 August 2011
File a civil suit for mandatory injunction.
Advocate. Arunagiri
(Expert) 12 August 2011
Every agreement can be terminated by breach of the either party.
In this case the employer had not given the salary, so, he had breached the terms of the contract. The employee can seek for termination of the contract.
If the employee refuses to return the originals and salary arrears, send a legal notice, You will get it.
