A coaching institute hired many employees, for three months training and 6 months probation after completion of training. At the time of joining, HR manager asked the employees to submit two post-dated cheques, a non-judicial bond of not quitting before three years. Cheque were from the salary account bank only( which was opened by the company) First cheque was against the training cost plus salary of the training period: Rs. 60,000/- (training cost as said by the coaching institute) plus Rs. 75,000/- (salary of three months of training) = Rs. 1,35,000/- Second cheque was against the salary of 6 months probation duration: 1,80,000/- There was no proper training. There was inhumane treatment by the company. Employees were harassed. Salary was not paid on time. Some started falling sick, some physically, some mentally. It became impossible for most of the employees to continue. When employees talked to the HR manager, he asked to resign. Some resigned; some were so pissed off with the work culture that they left the company. All left the company before completion of training i.e. before 3 months of training. Later the company bounced the first cheque and served notice to pay the money. No one paid and now there is Section 138 case against all. There are about 12 such cases. No one got the complete salary of three months. So the amount in the cheque was not exactly what the employees were supposed to pay. All have hired one lawyer only.
In the first hearing judge ask if we were ready to pay the money. We said "No as the company has done a fraud" Judge didn't ask for bail but asked to submit a reply in next hearing. In the mean time we decided to go to the HC for quashing petition. Our lawyer assured of applying for quashing before next hearing but didn't and also didn't give reply to the court in the second hearing, saying he was not well. Judge imposed a fine of Rs. 100 and gave next date. Now our lawyer says he has applied to the high court but doesn't give a copy of quashing petition; he keeps saying the listing would be next week, but since past 2 months there has been no listing. WE only hear from our lawyer next week. We have paid him Rs. 50,000/- We read some where, HC is not generally entertaining the quashing petition for sec 138 as many people go to the HC to prolong the case. But ours is a genuine ace. Also we have signed blank vakalatnama and handed it to the lawyer but not any affidavit as such. We are not able to understand the lawyers's behaviour. Also the next date is going to come soon. But we don't have any updates about the case from the lawyer. We think the lawyer is taking ht case very lightly. Please suggest as most of these are young people which are applying for various govt jobs and sitting in competitive exams or doing higher studies.
Also the company is not ready for out-of-court settlement, because these young guys don't want tension in their early stage of career. So they are even ready to negotiate with the company, though they know they are npot guilty. God knows what has happened to the justice and values in India.
Thanks in advance for your suggestions.
