manoj (engineer) 20 March 2013
Kumar Doab (FIN) 20 March 2013
The employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before signing on the dotted line.
It is better to consult in advance than to repent later.
The emotional outbursts won’t fetch any relief.
The company shall always claim you signed by your free will.
It shall be appropriate to show the advertisement for the job, interview call letter, selection letter, offer letter, appointment letter, standing orders of the company, bond, stinkers/show cause notice/notice/charges leveled by company/Inquiry conducted by company, termination order, legal notice demanding bond money etc… to a competent and experienced labor consultant/service lawyer in person, give inputs in person, spend some quality time with your lawyer, and understand the merits, and then proceed under expert advice of your lawyer. Is there any clause on arbitration in the agreement??? You must not conceal anything from your lawyer.
It is reiterated that the ground and reason for creating the agreement e.g: employee was beneficiary of any special favor, concession, training at the full/part cost of employer or not….and based on such reasons was there any breach of the service agreement/undertaking signed by employee………..and due to breach of the agreement by employee ……any damages suffered by employer…. legal injury suffered by employer…….should be looked into by a competent and experienced labor consultant/service lawyer-law firm specializing in such cases.
If at all mater lands up in court, the courts can assess and decide the reasonable cost which won’t be higher than the amounts expressed in agreement.
The court may decide that the mitigating the cost of damages is not necessary……..
You may understand the Sections 73, 74 of the Indian Contract Act and the implications in your case.
If at all you wish to submit anything in writing to the company let it be structured and drafted by your lawyer.
In the meantime you may find the attachments useful.
If you feel like you attach the documents in this thread.
Kindly erase the names etc to maintain the confidentiality.
manoj (engineer) 21 March 2013
Here is the scanned copy of the bond...kindly help me
Kumar Doab (FIN) 21 March 2013
No attachment is found in your post.
Did the company employ you as trainee/apprentice under standing orders of management/Management’s Training Programme/Apprenticeship Act??
If the company has issued a notice/legal notice, don’t hesitate or wait and approach a competent and experienced labor consultant/service lawyer in person, give inputs in person, spend some quality time with your lawyer, and understand the merits, and then proceed under expert advice of your lawyer.
Adv k . mahesh (advocate) 22 March 2013
thus the company didnt disclose why they are terminating him
and also ask yours seniors who had been terminated and what is the fate of them now
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