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Atul (z)     22 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 that what may be the further consequences of this



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 April 2012

Dont update your address.  Very interesting thing is that non juidicial stamp paper purchased at U.P., agreement at Chennai, where the co., has no office.  In my opinion Chennai court has got no jurisidction.

Kumar Doab (FIN)     22 April 2012


You had initiated another thread;
https://www.lawyersclubindia.com/forum/Service-bond-a-typical-case-55769.asp

Forum Home > Labour & Service Law > Employment > Service bond a typical case

You have posted "Registered office of the company is at Delhi". Most probably the corporate office would also be at Delhi and salary was also being disbursed from Delhi.

One of the combat strategy is : We will cross the bridge when it comes.

Your lawyer shall handle the technicalties if you receive the notice/summons.

You can issue a circular addressed to all contacts who have corresponded at your  email id, or company alone, or some of the contacts that you are closing down/cancelling the email id, and hence any communication sent shall be deemed as not sent and supplied. You can export the contact to new email id and you are free to inform your new email id to anyone you desire.

Why should you leave your unpaid dues with this company?

It seems that company has adopted a tactics to subdue all employees so that they  forget the payment of their dues.All employees can report the company to O/o Labor Commissioner at their respective locations.You have to find the weak points/hot buttons of this company and press these. Your lawyer after loking into the record you produce and inputs you give shall be able to give you a clear picture.

If company has stepped on toes of many employee it shall be better if all of such employees join hands, approach a competent and experienced service lawyer, and issue notice to the comapny from their native/permanent address. Let this comapny run to all locations. Thereafter you shall see this company bargaining with all employees to accept the payment. The comapny can not sit on PF.

K.K.Ganguly (Advocate)     22 April 2012

The Bond is defective. The case is not maintenable. Need not worry at all. 

K.K.Ganguly (Advocate)     22 April 2012

The Bond is defective. The case is not maintenable. Need not worry at all. 

Atul (z)     04 May 2012

Dear Sirs ,

Still I am getting letters from the lawyers of company ... my lawyer says that we should wait for summon ... is there not anyway to take this case away from chennai .. actually i dont want to fight at chennai  court perhaps in delhi high court or in supreme court


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