Gorakhnath Jayswal 26 September 2015
Kumar Doab (FIN) 26 September 2015
All of you may unite and stand as a witness to each other.
You need to establsih that:
1. The training period was 12 months, and liquidated damages for training period of 12 months was Rs.1.5 Lacs and for which security cheque was collected.
2. The training on its own by the company was ended after 3 months ence the cheque should have been returned by the company.
3. If during the said period of 3 months also you worked like regular employees then you may claim that No training was ever conducted.
In any case all of you should preferably conault an able Labor Law Consultant/Service Matters Lawyer/Law firm specializing in such matters, with copies of all documents on record and give inputs in person and understand the merits and options and remedies, before you proceed further on your own.
Your lawyer can submit fitting reply to the company and it may put the matter on permanent Shut Up mode or if the matter lands up in court of law you can contest in court of law thru your able counsels.
Kumar Doab (FIN) 26 September 2015
You can search threads on similar queries in both experts/forum section by typing key word ’ e.g. 'Bond', ...........................' in search option ……………………………….”SEARCH Q & A”………………………..”SEARCH Threads & POSTS” on right hand side of the web page.
Kumar Doab (FIN) 26 September 2015
You may find the following threads and cited judgments relevant and useful:
https://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.Vf45Zn1-jMo
https://www.lawyersclubindia.com/experts/Indemnity-Bond-12811.asp#.Vf46IH1-jMo
https://www.lawyersclubindia.com/experts/Indemnity-bond-314361.asp#.Vf46PX1-jMo
Adv. Dhamale (Lawyer) 27 September 2015
Courts have started to take cognizane of such issues and do go into the merit to see if any training was actually imparted....On job training may also be considered as a part of training imparted....pl note you need to have corroborative evidence to base your case. If the purpose of the cheque issued is fullfilled, pl issue a communication to seek the refund of the cheque and instruct them of not to present. The details may be explained in the letter. Pl show your papers and discuss with a good counsel before initiating action