Resignation and relieving letter

What is the ground and reason for BOND?

Did the college sponsor you for Ph.D………………………….If yes did it pay the fees and salary during the period of Ph.D…………..Or what was the extra ordinary favor that the management/college/employer extended to you that would  justify the BOND?

Has the college stated any liquidated damages/penalty/amounts to be paid by you in lieu of not serving for 5 years?

Has the employer declined to accept resignation in writing?

Do you have copy of notice of resignation and its POD or proper acknowledgment issued by employer?

Are you a member of any ‘Employee’s/Teacher’s/Trade Unions?

Do you have copy of ‘Service Rules and Regulations/HR policy mentioned in appointment letter…………and BOND…………….and Service rules advocated by Univ with which college is affiliated………………..and State Education Act………………………and have you related the same with service conditions inserted in appointment letter and BOND………………………….and do you have evidence that provides for violation by employer?

All employees are entitled for service certificate. Relieving letter is issued after all settlements by employee.

The employer may decline to issue Relieving letter.

The first thing that you need to do is to obtain concurrence preferably in writing from next employer that it shall accept and absorb you without relieving letter and on the strength of copy of resignation only and shall not insist for relieving letter.

Kindly note that Relieving letter is just a kind of Practice/custom…………………………and service certificate is well defined in Labor Laws…………………………….and Teachers as per various judgments are covered as ‘Workman’

You have already consulted a lawyer and have obtained proper legal opinion.

Probably your lawyer has already advised you to approach HC.

The other option is to negotiate with employer and resolve the matter amicably.

thank you sir

actually the college was not officially sponsored me for Phd

but given salary for three years( during that period I have taken classes on part time basis) and no fees/hostel fees/extraordinary favour is given. for giving study leave they asked me to execute the bond in which the five years clause was introduced, for braking they expect 36 month salary at the rate of present salary (  apr 20 lacs)

when notice was given they replied in writing that I must work upto 2018, without mentioning damage clause

after submitting resign letter( through mail and regestered post),  they send similer letter and again there is no damage clause.

no service rules have been circulated among faculty members

the management is not ready to issue service certificate too

the next employer ask me to submit relieving letter before joining that is the problem

You have posted that:

"during that period I have taken classes on part time basis"

Thus you have worked against the salary that was paid to you.

Hope you have proof of it and/or admission from management.

Service Certificate can not be blocked.

If you are unable to handle on your own/thru unions/Univ/state eDu.authorities ....................... Approach a competent and experienced Labor Consultant/Service lawyer  and approach court of law.

Thank you for suggestion

can you give some tips/points so that I can discus with local lawyer

is it require more time for legal procedure? because other employer may not wait for more time( max 1-2 months)

to whom I should approach for service  certificate as management is refusing to give

whether this  service certificate is sufficient for joining other college?

expecting your valuable suggestions