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imanewuser (na)     09 November 2015

Can employment/training bond be challenged in consumer court

Hi,

I had signed a training bond with my previous employer while undertaking a technical training in 2002.

As per the bond, the employer was to provide 2 weeks classroom training and 6months on the job training. The bond was for 3 years valued at rs. 2Lakhs.

I left the services of the company before completing the 3 years with 86 days left to complete the term.

The company has held back relieving letter, experience letter and other retirals as they claim this bond to be un fullfilled. However I am contenting that the bond is not valid as they did not provide the 6 months on the job training as per the agreement. The company is requiring me to pay the full Rs. 2L to release the documents and other settlement. I was employed with the company in Kolkata, the training took place in AP and the bond lists Noida as the area of jurisdiction, and I am currently based in Bangalore.

 

1. Can the above bond be challenged in a Consumer Court instead of the Civil courts as I am a consumer of the training even though I was also an employee?

2. Can i file a case in High Court of Karnataka, instead of Noida or Kolkata for relief as following up a case from that far is quite difficult (the company has a branch office in Bangalore)?

Any guidance is appreciated.

Regards,

Sumesh

 

 

 



Learning

 5 Replies

Kumar Doab (FIN)     09 November 2015

You have narrated the issues briefly and clearly.

Apparently you may have the remedies and certainly you have issues also and company may entangle you.

It shall be certainly better if all documents are examined by tarined eyes and mind of your able counsel.

Can you attach the documents in this thread.

You may erase the names etc to maintain the confidentiality.

Online discussions have its own limitations.

You may have to go in for detailed consultation with an able counsel.

imanewuser (na)     09 November 2015

thank you for your reply. I am attaching the Employment bond here.

I plan to send them a final notice before I file a case, hoping for an amicable resolution, attaching it too just in case.


Attached File : 52410 20151109211030 34680066 hcl bond training.pdf, 52410 20151109211038 34680066 hcl training agreement void legal dept.docx downloaded: 220 times

Kumar Doab (FIN)     09 November 2015

You have already submitted a reply that is probably drafted by your lawyer.

The later judgment provides for pro rated liquidated damages.

If you want to go by that i.e.=200000/36/265*86

 

You are also claiming the agreement to be VOID. You can add breach.

The amount of Rs.200000 be converted to actual expenses on class room training alone ( i.e. 200000-on job training part and then balance amount and then pro rated..................../36/265*86).

 

The question arises whther the class room training was indded a training that requires indemnity bond etc........................or it was on some old module whose cost has already been recovered by the company?

 

Was this training on some latest/recent/developments in the field of IT::: i.e. the ground for the Bond?

The service certificate has to be supplied to all employees.

 

YOu may seek support of various employee's/IT employees unions that have affilliated with trade unions and have doen a good job!...............................

and also Inspector appointed under: Karnataka Shops and Estbs Act

Higher Officials of Dept. of laabor

O/o Labor Commissioner

and able labor Law Consultant...................

 

 

Such companies and its personnel in HR/Legal cells are knwon to press hard as thier own job are involved and hence be prepared to face a court case...................

Therefore it is better to be prepared in advance.

Your able counsel shall handle the issue of jurisdictional courts as well.

Did you pay anything for class room training or has it been declared as adjusted by company?

Try to get FnF statement showing the adjustments.

 

YOu may have a point to approach DCDRF as well.

 

 

 

 

imanewuser (na)     09 November 2015

hi, Thanks for your prompt responses and guidance.

I have not paid anything separately for classroom training nor has the company demanded it as both classroom and on-the-job training are part of the same agreement.

I am currently out of time because I am switching to a new company and they require the relieving letter from this employer in a weeks time.

So at this point I think i'll have to pay up in advance to secure my future and then file a suit after the fact.

Will paying the company first to secure the relieving document in any way stop me from filing a suit later on or impact my chances of winning?

 

Kumar Doab (FIN)     10 November 2015

Demand to supply the FnF statement showing all parables by you, all payable by company and net amount payable to each other. Service certificate is to be supplied to all employees. Salary slip of each month, PF a/c slips,ESIC card,Form16,FnF statement,appointment letter,copy of resignation/proof of disptach-delivery,etc can be as good as relieving. You need to firm up with next employer in writing as it is likely that past employer may fail you in BGV.............

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