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Atul (z)     16 April 2012

Service bond a typical case

I entered  in a service bond with a company in july 2009 , for the period of three years . The Bond breakage cost was for three lakhs .

The company made me to sign a bond in may 2009 stating that it will come with an effect from 20th july 2009.

In the bond it was mentioned at the bond is being signed on 20th of july at chennai , how so ever none of the two parties were at chennai on 20th of july , 2009 as then we were made to join at New Delhi.

Many people from my college signed the bond on may 2009 but didnt join the company on 20th july 2009.

In the bond the registered office of the company was mentioned at chennai while it was at new delhi .

The bond was made to sign on a rupees 50 non judicial stamp paper of U.P. , stating that all the disputed were to setteled in the courts of chennai only.

My salary slip showed my date of joining as 20th july , 2009 while my PF slip shows my date of joining as 20th november , 2009 which is in contradiction with the bond.

The promise of on job training was given on the bond but  it was not given to us , rather we were assigned some projects in addition to our regular duties ( proof is there ) , even we were forced to work beyond work hours and also we were paid night allowances which were paid to regular staff , so we were not trainees anymore for the company.

On december 2009 , the  acompany annouced the sale of all its shares to two different companies ,and annouced that it will be divided into two companies with in a year .

In march 2010 , the new management took over and the sale became effective , the management was changed and company was in transistion .

In June 2010 , i tendered my resignation to the company as i was not willing to join any of two prospective owners .

i didnt claim my LTA , Medical ,PF and even my last month salary to the company .

In June 2011 , many of my friends who left the company on same ground and are having the same bonded conditions got the notices from the chennai courts.

I didnt get any notice yet so I am worried how to know that they have filled a suit aganist me or not.

Also , I shall be changing my residential address with in a month which was furnished to company  , so do i need to provide them my updated address or what is I am not able to respond to summons from the courts of law.

The company also has my email address with it on which it used to send me form 16 and salary slips , They sent some mails to my friends regarding the breakage of bond but not  to me .

Please help me out , and also tell me what are my chances of winning this dispute incase it arises , will it have an impact as i am supposed to be facing an interview for a goverment Job .

At last i am getting letters from the lawyers of that company should i recieve them and reply to them or what else i can do ? please suggest



Learning

 2 Replies

Manindra Singh (Chief Manager IR)     17 April 2012

Dear Atul,

You have already taken a decision and thus need to move on. Firstly, I am surprised why you did not claim your dues at the time of separation? You may be afraid that they will not pay it to you and so what is the point? However, I will suggest that you write to them about non payment of your dues immediately, get your PF also transferred. In the same communication you can mentioned your new contact details as well.

It appears that company has niether provided any any specialised training to you nor company has invested in you to impart any specialised skill. If so, you have strong case in your favour. Further, you have not mentioned where it was one sided bond ? If it was one sided bond, company will find it very difficult to defend.

You have mentioned about Court Notice!! Is this notice from court or by an advocate appoined by the company. Most likely it will be notice by an advocate appoined by the company. If you receive such notice, please get in touch with a good advocate along with all details / documents, reply to the notice and also send them notice for harashment and damages. Further, file cases for non payment of your dues.

 

Thanks

1 Like

RSH (NA)     08 May 2012

 

NEED NOT TO WORRY GUYS!

HERE'S AN EXCELLENT RECENT JUDGEMENT BY KOLKOTA HIGH COURT IN FAVOUR OF AN EMPLOYEE.

 

 

Embee Software Private Limited vs Samir Kumar Shaw & Ors on 27 March, 2012

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