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ankursingh   29 January 2015

Can a bond increase with the duration of service

I joined a PSU in May 2010. After 10 weeks classroom training in a batch of 35, there was a 4 weeks field training (which was nothing but I performed the regular duty without TA/DA). Then I was appointed on adhoc basis with a probation of two years. Since then I have been working and during the time I underwent my phase-2 training of 8 weeks. As per my date of appointment i.e. 07/08/2010, I would complete my 5 years on 07/08/2015. During the time of joining, I was asked to execute a bond for a period of 5 years amounting to Rs. 2 lacs with 18% interest. Now I wish to pursue MBA this year, but the college will start from June 2015, so I will have to break the bond since I will fall short by 2 months in completing my 5 years.

Now the problem is that, in my company different units, different circles are calculating bond amount in different ways. Last year a friend of mine resigned to pursue MBA from UP circle and he was asked to pay proportionate bond amount of Rs. 40,000 + 18% interest (since his 1 year was left in completing bond). This year another friend is leaving and joining Freight Corridor, but in HP circle, he is being asked to pay whole 2 lacs with interest @ 18%, amounting to Rs. 4.5 lacs, while only 6 months of service is left to complete the bond(although he doesn\'t care coz he is not paying, his bond is getting transferred).

Now I\'m ready to pay the bond if it is proportionate, 2 months amount. I would be completing 4 years 10 months. I\'m not sure if they will ask for the proportionate amount as I\'m from HP circle. The UP circle letter does not state the bond amount calculation, it just state this much amount is to be recovered.

Can a bond amount increase with the period of service? Shouldn\'t the bond be proportionate. Does this make sense that the person who leaves just after training is to pay less, while the person who provides his continuous service for more than 4 years pays more? If 5 years service nullifies the bond, then isn't 4 years 10 months worth something?

Please help. I\'v got calls from IIMs, don't want to leave this opportunity. The work culture here is worst.

Thanks.
 



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 2 Replies

Kumar Doab (FIN)     29 January 2015

It is vaguely remembered that some querists had posted in threads that their PSU/Establishments had a provision of Prorated payment of bond inserted in BOND itself.

In your case either the UP officials are aware o such provision or HP officials are unaware.

You may contact UP officials and find out if there is a provision as per rules and obtain copy thru RTI.

 

There are judgments delivered by court of law deciding in favor of Pro rated payments e.g;

 

M/S. Sicpa India Limited vs Shri Manas Pratim Deb 

 

 

There are many threads that you may find useful e.g;

 

https://www.lawyersclubindia.com/forum/Non-payment-of-indemnity-bond-109189.asp#.VModmtKUcqM

 

https://www.lawyersclubindia.com/forum/Dealing-with-indemnity-bond-final-help-before-going-to-cat-94602.asp#.VMoeXdKUcqM

 

 

https://www.lawyersclubindia.com/experts/Breaking-the-bond-447501.asp#.VMohCNKUcqM


Attached File : 146154153 pro rated payment of bond.doc downloaded: 50 times

ankursingh   30 January 2015

Thanks a lot Kumar Sir for your valuable observations and suggestions. I have asked a friend of mine to obtain a calculation of bond amount from UP Office. Else I will obtain the copy though RTI. The reference you provided is very encouraging. 

https://www.lawyersclubindia.com/forum/Breaking-service-bond-psu-58204.asp#.VMp0-dKUfMs

I went though the above mentioned thread and the situation is quite similar to mine, only that I have served for almost 5 years and work exp certificate and relieving letter will be of extremely importance for me.

I'm uploading the agreement, which does not mention Pro rated payments, it does not even mention that 18% interest will be applicable from which date. Officials of different Circles are making their own observations and implementing in a way they believe right.

"However an employee must build rapport , goodwill and apply exceptional levels of persuasion, persistence, negotiation, reasoning skills and resolve the matter in his favour without being  entangled in litigation". 

I believe in your words and will try mys best. 


Attached File : 146197605 jto- modification of bond agreement for jto 30.11.2009.pdf downloaded: 42 times

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