Notice period and service bond
Kuldeep
(Querist) 16 March 2018
This query is : Resolved
Dear All Experts
I am working in a government psu as on contract for 3 year. I have signed a agreement with company. In agreement clearly mentioned that i have to serve 3 months of notice period at the time of leaving company and in other line mentioned that if i leave company before 3 yr then i have to pay 3 months of sallry in the liu of training whih they have give me. There is not clearly mentioned that both is compulsory.
Please note that next year again compny publish notification for same job but this time they mentioned in notification that bond and notice period both compulsory after my recruitment year.
But in our recruitment notification both condition written in different paragraph but they not clear both is compulsory. So i wants to ask. If i left company after serving 3 moth notice period. Then i have to pay bond or not. Because i am going to leave compny.
Guest
(Expert) 16 March 2018
No opinion is possible to be formed without examination of the language of the terms & conditions of the bond. better get the bond examined in detail for appropriate advice.
R.Ramachandran
(Expert) 17 March 2018
This should not unnecessarily exercise your brain/mind.
Both the conditions should be satisfied.
First, it says that one has to serve a three months notice before leaving.
Therefore, whether you leave within one year, or three year, or after three year, you have to serve a 3 month notice.
Only then, the resignation is formal.
Now the next question, if the total service period is less than 3 years, then you have to pay the bond money. If you have completed 3 years service, the bond money need not be paid.
Guest
(Expert) 17 March 2018
Well explained by Mr. Ramachandran.
Ms.Usha Kapoor
(Expert) 18 March 2018
Since you are working in a PSU a Writ of Mandamus would lie against your company by you.C9mpany;s penal orders of insisting on your serving for 3 months and also forego 3 months of salary is double Jeopardy and against Article 20(2) o Constitution of India.I'm sure court would rule in your favour and writ proceedings are relatively speedier.Prior to writ you issue legal notice to your Management.
R.Ramachandran
(Expert) 18 March 2018
@Ms.Usha Kapoor is miserably missing the fact that what the PSU is implementing is based on contractual terms and there is no penal action/orders as wrongly assumed by her! When her basic understanding of the query is wrong, needless to say any advice based on such wrong understanding is also woefully wrong.
Guest
(Expert) 18 March 2018
Sorry to differ with the advice of Ms. Usha Kapoor. Your case does not fall within the scope of double jeopardy, as you are not being prosecuted and punished for the same offence more than once. These are the conditions of your agreement with the employer about his service that you have to abide by, not a case of prosecution of any offence..
Please be aware, you agreed to serve the employer for minimum of 3 years. Resignation is a separate issue pertaining to termination clause of service may be before or after the prescribed minimum period of three years. Termination of service is governed by another condition of 3 months notice period.
So, without going through the language of the bond, I don't think Ms. Usha Kappor is justified to advise you to file writ of mandamus.
Guest
(Expert) 18 March 2018
Besides waste of your exorbitant money and precious time for years together, if you want to ruin your career also that can happen at the time of background verification from the present employer by any of your future employers, you may feel free to act upon the advice of Ms. Usha Kapoor.
Mind it, you are not being prosecuted and punished for the same offence more than once. Conditions of your service cannot be termed as your prosecution by the employer or the court of law.
Don't forget, you signed the bond to agree on both the conditions to serve the PSU. If the lawyer of the PSU framed the bond, he would not have been a foolish person by not have take notice of the constitutional provision of double jeopardy.
So, without going through the language of the bond, if Ms. Usha Kappor jumps to the conclusion of double jeopardy and advises you to file writ of mandamus, you can very well imagine, what could be the result of her advice for you , if you file a writ of mandamus.
What question you have raised now that was required to be considered seriously only at the time of signing the bond, not now.
Ms.Usha Kapoor
(Expert) 17 June 2018
I agree with my viewand Mr.Ramachandran's view.
Sudhir Kumar, Advocate
(Expert) 08 December 2018
You are engaged on contract then you are not an employee. The requirement of NOC may be checked from the next employer where you want to apply.
Sudhir Kumar, Advocate
(Expert) 08 December 2018
query repeated at
http://www.lawyersclubindia.com/experts/NOC-for-applying-in-other-departments-698001.asp
