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Santosh Kumar (SE)     28 May 2012

Broken bond

Hi forum,

I joined a private company 2 years back and i signed a 2 yrs bond of Rs 2 Lakh with the company but i left company after 1 year 10 months because of thy r not paying salary on time since last 8 months and not paid last 4 months salary. So i want to know in that case bond were valid or not? and what are the salary they deducted the PF but from last 1 year they didn't paid in my PF account. Recently i checked my PF account online and its showing latest data but my PF amount is same as earliar 1 year back. What i have to do please suggest me.

 

Thanks in advance.



Learning

 4 Replies

Kumar Doab (FIN)     28 May 2012

You may submit a carefully structured letter under acknowledgment, addressed to your appointing authority, MD, Chairman, Company Secretary, company personnel who have signed on the bond on behalf of the company, with a copy to Head-HR, mentioning the facts as posted by you e.g. wages are not paid on time for last 8 months [mention set date of payment of wages( as mentioned in appointment letter, certified standing orders, employee hand book etc) and actual date of payment of wages for each month], failure to deposit PF dues ( attach snap shot of your PF a/c from EPFO website) and ask for comments of the good offices. You may conclude that company defaulted and failed miserably on its duty and became unworthy of being employed with.

The bond becomes defunct and shall not remain applicable to you. Company on its own may cancel the bond and confirm it in writing by letter under original seal and signature by hand of good offices  to be supplied to you by redg post/speed post so as to reach you say with in next 7 days. You may mention that a postage prepaid ( as purchased from post office) self addressed envelope for sending redg post/speed post is enclosed herewith.

You have the option of reporting the company to O/o APFC, RPFC, Addl CPFC, CPFC ( check if this company is included in list of defaulters on epfo website and if not you may submit a representation to these offices), Wages Inspector ( if your wages are below rs.16000/pm), Chief Inspector under SE act , O/o Labor commissioner etc.

Do you have the copy of bond signed by you? If not you may ask to supply you the certified copy of the bond along with the letter that the original has been destroyed or that original should be destroyed in presence of yourself, company personnel who have signed on the bond on behalf of the company, sureties ( if any) , on a mutually convenient date and time. If there any sureties let them also write to company and withdraw from bond.

Santosh Kumar (SE)     28 May 2012

Thanks for response Kumar,

I don't have a copy of my bond period. As i told earlier they didn't paid last 4 months salary and now they are telling that they won't pay because i leave the company between the bond but tht time i didn't have any option other than leave.

Ajit Singh Cheema (practising Advocate)     28 May 2012

I feel your letter to the company may remain incomplete if you donot refer to the ARTICLES 23 and 24 of The Constitution Of India,titling "RIGHT AGAINST EXPLOITATION".You must refer the matter to the concerned Regional Provident Fund Commissioner.

Kumar Doab (FIN)     28 May 2012

Learned Mr. Cheema has given valuable advice. Kindly follow it and report this company and employer to all forums. This employer is not fit to be left to loose around in a civilized society.

You have posted that "they are telling that they won't pay"

It is felt that they are telling because you are probably saying.

You may better represent in writing under acknowledgment to this employer, and let it state whatsoever it wants in writing.

Other option is you may approach a competent and experienced labor consultant/service lawyer. Your layer shall handle the matter and you can focus on your current job/enterprise/career.


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