The Bank might have asked the selected candidates to provide list of locations being opted by them?
The posting location might be out of the list of locations selected by you.
If you don’t join sooner or later the Bank shall be issuing communications, notices, and legal notice to you. Your name shall be included in list of employees that have abstained, absconded, absented as per terminology preferred by the bank.
You have signed the Bond, appointment letter by your free will.
The T&C in appointment letter, Contract of appointment letter should be equitable or it can be easily termed arbitrary.
If as per your post no notice period/pay applicable to employee has been inserted in appointment letter issued to you then it should not apply to you.
For Notice period/pay one should not look into appointment letter alone but other instruments on service conditions too e.g. standing orders applicable to the establishment (certified/model. Any service conditions inconsistent with standing orders but inserted in appointment letter shall not survive.), service rules and regulations/HR policy etc reference of which is made in appointment letter.
You may ask this so called Manager of the bank vide which clause Banking Regulation Act specify notice period/pay??
The bank might have inserted liquidated damages in Bond without/with making reference to the actual reason/grounds/expenses incurred by it for creating this Bond. Liquidated damages are not necessarily to be paid on demand and might need to be proved. You may attempt to know from bank the actual expenses incurred by it on recruitment exercise, amounts collected by it from applicants/candidates, and expense that is per head.
This (recruitment) is not an exercise to earn profits.
You may feel like asking for payment of Pro Rated Expenses.
There are establishments that have reduced the liquidated damages in Bonds due to protests by employees/unions/trade unions and after realizing that the amounts inserted were unreasonable……………………………………….e.g.;MTNL/BSNL
www.aigetoachq.org/downloads/Agenda%20Points/10.doc
The Bank employees unions should also act for the benefit and welfare of its members.
The bank might approach court of law.
Once the matter is in court of law the court of law shall decide the reasonableness of the matter and reasonable amounts, if any.
Since the matter is likely to become a case it shall be appropriate to consult in person a competent and experienced labor consultant/service lawyer specializing in such matters, along with elders in the family, surety that has signed on the Bond, show all documents on record e.g. job advt, job application, choice of locations if any submitted by you, interview call letter, selection letter, offer letter, appointment letter, posting order, Bond, receipt of original certificates retained by Bank if any, etc…………………………… give inputs in person, and proceed under expert advise of the lawyer. It shall be appropriate if all representations are structured by lawyer to suit your long term interest and build favorable written record.
Your lawyer may find faults with bank and can update you on merits.
You may also seek advice from genuine Bank Employee’s Union Leaders.
If you decide to pay notice pay, liquidated damages stated in Bond then you should endeavor to get a clean relieving order from Bank without any adverse comments against you in your personnel file/bank records.
The Bank employees have also initiated many threads in similar queries that you may find relevant e.g;
https://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.UiNgTNKAqWM
There are many other threads e.g;
https://www.lawyersclubindia.com/experts/Absconded-inspite-of-having-a-bond-426216.asp#.UmfKhnCAqWM
https://www.lawyersclubindia.com/experts/Breaking-the-bond-447501.asp
You may take a final call on your matter after understanding the merits from your lawyer and take a decision that suits your aptitude, long term interest.
It is so easy to unite.
The young and budding aspirants of our country should unite and rise to defend their rights.
DO NOT ABSCOND. ABSCONDMENT MAY BE RECORDED AS MISCONDUCT AND SHALL PROVIDE A OPPORTUNITY TO EMPLOYER.
DO NOT CONCEAL ANYTHING EVER IN EMPLOYMENT APPLICATION.
IF YOU DECIDE TO SEPARATE THEN YOU HAVE A RIGHT TO SEPARATE.
SEPARATE PROPERLY.
