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Rohit (SE)     13 July 2014

Service contract on a rs10 stamp paper

Hi,

 

I have signed a service contract with a software company for 2 years and the contract includes:

i left the company before two years then i'll have to pay 1 lac rupees(training compensation)

and me and my father signed the bond.

and also i have given them a undated cheque.

One day they asked me to submit orignal passport and i denied saying i have lost it and  left the company without any notice.

After 3-4 months they sent me absconding letter and i didn't reply because i was   not well and now they have sent me notice that deposit the amount of bond otherwise they will take a legal action.

If anyone can suggest me what should i do to get out from this mess and if they can recover the amount from me if they filled a case in court.



Learning

 6 Replies

SRIDHAR N L (MANAGER - HR & ADMIN.)     14 July 2014

There is no legal validity for a Service Bond. They cannot do anything to you.  There is no legal provision for demanding money when you break a service.  An employment is only binding on the Standing orders of the company, Industrial Disputes Act, Confirnment of Permenant Status act.  These enactments only are in favour of the employee and not in favour of employer.  Even the conditions of service as set out in Industrial Dispute act only implies conditions to be followed by the employer while sacking an employee. 

 

so you can cooly walk out.  Only thing is if they had taken the original certificates you have to think how to take it back.  You should some how manage to tell some thing and take the certitificates.  If you have not given the original certificates,  you need not worry about anything. You can easily come out.  They cannot do anything.  Next is PF.  They may tell they would not settle or sign the settlement form.  For this you can send the settlement form by registered post acknowledgement due and after sometime you can lodge a complain in PF office.

 

So.  You need not worry.  Go ahead... enjoy...

 

regards,

 

Sridhar NL

9551016279

Rohit (SE)     14 July 2014

But I have talked to a lawyer and he was saying if they filled a case you will loose and you will have to pay them the amount. But i doubt because he seems that he don't have much knowledge about the labour act. Plz provide the information regarding the same. plz plz plz

T. Kalaiselvan, Advocate (Advocate)     15 July 2014

I go with the views and opinion of Mr. Sridhar on the subject issue.  The service bond is not a legally liable debt hence they will not be able to file a money recovery suit and also they do not have any ground to file a criminal case against you because you have neither stolen company's property nor have embezzled company's funds/money.  Let them issue a notice, you issue a fitting reply notice on the above lines and wait for the development.

Rohit (SE)     15 July 2014

Thanku everybody.This is such a relief!!!

Still if anything to know to defend plz let me know

T. Kalaiselvan, Advocate (Advocate)     15 July 2014

If you are still not satisfied with the above opinions, you may consult a local lawyer and proceed as per his direction.

Rohit (SE)     16 July 2014

I am completely satisfied with your opinion but my parents are little worried so they consult a lawyer.

And he was saying that you will have to pay if they filled a case that's why i asked again.

If you can tell some section no or something which i an share with my parents and they will consult my lawyer.

Thanku very much!!!


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