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riya   23 December 2016

Regarding employee bond and employer taking blank chequeduring bong period

I have worked in a company for couple of months and i have bond for 2 years but I have left the job during the bond period. At the period of making bond I have submitted blank cheque according to their instructions. So please let me know what difficulties I should face.


Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     24 December 2016

First make stop payment of the cheque or close the account.  Issue a Registered notice to the employer, asking them to return the blank cheque  which was collected from you through coercion and inform about closure of account / stop payment of the cheque.

riya   24 December 2016

Hi,

If we ask cheque back, then I have to pay 200000 Rs as per my bond. I already cancel the cheque which I given. But still I did not get any meesage to me. My HR inform to my collegue that they are going to take action through filing a case.  Could you please provide the solution 

Kumar Doab (FIN)     24 December 2016

Have you informed the employer that you have cancelled the cheque in writing?

Do you have proof of dispatch, delivery, acknowledgment?

 

If yes what was stated by you verbatim in your communication?

Have you shown all dcos on record to a very able counsel specializing in service/Labor matters?

If yes, what is his/her opinion?

Kumar Doab (FIN)     24 December 2016

A similar query is posted by another querist at:

https://www.lawyersclubindia.com/forum/Job-contract-bond-145392.asp

Kumar Doab (FIN)     24 December 2016

Whats is this establishment; Commercial/Industrial?

Whats is its line of business? Whats is your designation and nature of duties?

For how many months you have worked?

How many persons are employed in it?

You were located in which state?

Does standing orders apply ( Model/certified)?

What is the notice period applicable to you as per offer letter/appointment letter, and tendered by you? 

The said Bond was drafted in lieu of what extra ordinary benefit by the company e.g; certified training from some certified Instt?

Did company ask to deposit cheque in writing and issue acknowledgment in writing?  

Do you have copy of Bond, notice of resignation and its proof of dispatch and delivery? 

 

Are you a member of employee's/trade unions?

G.L.N. Prasad (Retired employee.)     24 December 2016

For the present, just ask them to return the cheque collected with coercion and also ask them not to present the cheque as you have advised banker that you have countermanded payment....and this letter must be sent by Regd. post.   Wait in turn for their response, and do not get agitated now, and cross the bridge when it comes.  First come out of cheque problem.

Kumar Doab (FIN)     24 December 2016

After said and so called Bond is examined verbatim, you counsel may ascertain if the cheque was narrated in Bond..............and draft accrodingly.

 

Agreed with Mr. G.L.N. Prasad, that remain calm, gentle and amiable and alert.

 

riya   24 December 2016

hi,

    actually i didnt asked for my cheque to return if i ask my cheque to return back they wont give it back to untill and unless i pay amount for them i want to know the problems regarding cheque leaving there.

 

Kumar Doab (FIN)     24 December 2016

Cheque may be presented and may be returned unpaid and case may be filed.

Reply pointwise to all points OR discuss in person with your very able counsel.

 

You have signed by your Free Will and company can act on the docs and clauses signed by you.


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