Modification in bond money
GAURAV ARYA
(Querist) 10 September 2014
This query is : Resolved
sir/
i have joined coal india limited in 2010 with a non judicial bond.
the condition of bond was "to serve the company for minimum 50 months or to deposit 50000 in case of quitting the job.
after that in 2012 company change the procedure in its board meeting and increased the bond money to 3 lakhs or minimum minimum service period of 5 years.
upto july 2014, those who joined the company with bond money of 50000 or 50 months and resigned,they need not to pay 3 lakhs.
but in august 2014 company issued a circular stating that whosoever resigned the from company has to pay 3 lakhs or serve for 60 months.
i have submitted my resignation in july..
now my query is
--1-is it mandatory for me to abide with changed bond conditions as i signed only on rs50000 bond.?
2..can i have a legal stand regarding how can a bond be changed and which is against my fundamental right i..e freedom of liberty?(that company can do whatever it want even at the cost of someone liberty).
3..even if i m in notice period ..will i be bound with new conditions.
4.what will be the consequences if i leave the job without following the new bond condition.?
5. if i did'nt able to get the NOC from my company , will i be able to join another psu or central govt job?
Kumar Doab
(Expert) 10 September 2014
1,2,3,5,:: NO
4.:: The employer and its attorneys in HR/Legal cell personnel may chase you. Who can stop an adamant and recalcitrant employer.
The question arises would it stand test of law.
IN all probabilities :::::NO.
However it shall be appropriate to:
----Create noise at the level of Employee's unions, IC, Guild, Works Committee, Grievance Redressal Committee, and approach the Director on Board from Worker's side and President and Memebers from the Worker's side in Work's Committee..........
----Escalate the matter to the Ministry and create noise................to call back the illegal order............that is transgression.
Employees are a huge vote bank and NO govt. /Party can ignore it.
----Ring the bells in media.
If all of this is not your cup of tea approach an able Labor Consultant/Service Lawyer well versed with such matters and proceed under expert advice of your lawyer.
The management and its attorneys will certainly play and build on wording of the statements inserted by it hence show all docs on record, service rules etc to your lawyer and build your defense.
ajay sethi
(Expert) 10 September 2014
since you have signed bond of only Rs 50,000 you are not bound by new bond conditions to pay Rs 3 lakhs in case you quit organisation before 5 years
GAURAV ARYA
(Querist) 27 September 2014
can i challenge the company on the ground that it is against the "natural justice" as stated in the preamble and article related to natural justice.
coz those who resigned earlier with 50000 bond did not to pay a single penny ...then y sud i?
isn't it the violation article 14 i..e right to equality"?
Kumar Doab
(Expert) 28 September 2014
NO.
If it is established IN COURT OF LAW that you are liable to pay Rs.50000/ then you have to.
If you alone are sued then you have the option of claiming that the management is adopting pick and choose policy.
Focus your energy on modification in BOND.
WHY do employee’s suffer::::::: Once of the reasons is that they do not unite and form unions, although united community can achieve a lot of things………………………and do not retain access to labor Law Consultant/service lawyer-law firm………………….and do not consult.
Strive to get support of employee’s unions, trade unions…………………….
While in your company the management has increased the BOND money 6 times and BOND tenure by 20%.....................................
The unions in another organization M/s
BSNL/MTNL succeeded to reduce the amount of BOND tenure by 150%.....................................(5 Y to 3Y) and also ascertained that cost of so called training is only Rs.12550/-
1. Reduction of service Bond period of DR-JTOs from 5 years to 2 years.
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Reference: No.250-2/2002-Pers-III dated 14.03.2002 (TTA bond reduction order)
Justification:
Further, the cost of training viz. Rs. 12550/- per trainee is not so high as to prescribe such a long bond period. The Committee, therefore, recommend that the bond period should be reduced from five years to two years so that the career prospects of the young trainees are not hampered.”
www.aigetoachq.org/downloads/Agenda%20Points/10.doc
