Bond demand is not according to my service bond agreement


Respected lawyers,

I am working as a JE in BSNL since 30.10.2017. At the time of joining I signed a Bond agreement(file attached) on a stamp paper with the employer. As per my service bond agreement I have to pay about 1.70 lakh if I resigned before two years of service. Now, I had resigned and now BSNL admin section sends me a bond demand note(file attached) which is not according to my service bond agreement. The 6th and 4th clause of my service bond agreement is as follows(for complete bond agreement, I attached the file)

6) Trainee and surety have further agreed that they are jointly or severally shall pay and refund forthwith to the BSNL on demand an amount ofRs.1,70,000/-(RupeesOneLacSeventythousand only)paid to him/her as Stipend during the period of his/her training including training expenses incurred on him/her by the Company, which in this case shall  be  Rs.  1,20,000/-  for ten weeks  along with the interest @ 18% p.a. along with losses/damages which BSNL may suffer by reason of the breach of the conditions of Agreement and upon the trainee and/or the surety making such payment, the above-written bond shall be void and of no effect, otherwise, it will remain in full force and virtue.

4) THAT the BSNL has called upon the trainee to furnish a Bond to the extent of Rs. 5000/- (Rupees Five Thousand only) for indemnifying the Company against all losses or damages which the BSNL may suffer by reason of the breach of the terms of this agreement by the trainee.

Now i am ready to pay the Rs 1.70 lakhs according to my bond agreement but the bsnl admin section asked me to pay the one-month salary recovery and an additional 18% GST. Both things are not written in my original bond agreement. My questions are as follows:

1. How can they charge additionally one month salary as nothing is mention in my service bond agreement?

2. As GST comes into force in July August 2017 and I signed a bond agreement with the employee in october 2017 and nothing is mention about 18% GST in the bond agreement. Now BSNL admin section is saying that GST is applicable on the bond agreement and also the bond agreement is amendable/changeable. Now, kindly provide guidance regarding who will pay additional GST charges to the government, employee or employer? or can these additional 18% GST charges compensated in within 1.70 lakhs?

I had attached both the bond agreement and bond demand in a single file one after another.

thanks and regards

vivek



Attached File : 487886 20190714224440 bond agreement and bond demand.pdf downloaded 10 times
 
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Vivek!

 

On going through your contract it seems that the HR Dept. of the BSNL have made unjustied demands pertains to your salary recovery & GST. They have no right as such in the contract to claim these things except, Rs. 1,70,000/-

You need to respond to that demand letter/notice of the BSNL whereby the errors made by them needs to be rectified as they are wrong and not maintainable.

 

Regards

Adv. Rohit Dalmia

9324538481


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