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Gorakhnath Jayswal   26 September 2015

Employement with bond

Hi all this is a long querry but please read it till the end and help us with this in possible way. I joined a company (Steel Plant)in July 2014. During the placement the HR representatives told us that we will have to sign a bond of 1.5 lacs to impart our training process and incase if we left the company in said period of 3 years ,the money has to be paid. When I joined the company they made us sign a bond of 3 years with the said amount of 1.5 lac Rupees and took an undated cheque of 1.5 lacs. The cheque was issued from our salary account. The company said to put us on training for 12 months but after 3 months we were put on the job. That was where the actual behaviour of the HR people started.The environment was dusty and the people were rude. We could not sustain all this and reacted.The answer they gave to us was plain and simple. They said now you have signed the bond and cheque is with us. If you want to leave the company ,just go we will recover the money.Due to this mind set of those people we kept on getting harrased. Many of us stood back there just for the sake of bond. Due the very unhealthy environment ,I fall sick and took leave for some days. Later it turned out to be Jaundish.I left the company and came back home for treatment. Many of my mates also had health issues and have left the comapny. All of us have received 2 - 3 letter saying that they will take strict action against us. We respond them back but they do not listen to it. On september 20 ,2015 I received a letter issued by the company lawyer that if I can not pay the money in 15 days they will charge me with default cheque bounce case and I will have to appear in the court .I also have to bear the amount spent by the company in fighting the case. My mates also have received the same letter. We are very afraid as we do not have 1.5 lac rupees to payback in 15 days and that too for harassment. There are career of more than 25 people on stake. Despite being the students from prestigious colleges like NITs,BITs ,Jadhavpur university ,we do not know what to do next. I want to know if there is a way to avoid the bond situation. I request to all the experts here and to all the couragious fellows who might have gone through similar phase ,What action shoud we take to turn down the bond. Is there a legal action which I can impose on the company. I have read that labour bond in India is not legal than how did they move to court.


Learning

 4 Replies

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.

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


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