Regarding breech of bond
M Saxena
(Querist) 19 August 2014
This query is : Resolved
Dear Expert,
i joined a pvt. ltd. company and they gave me appointment letter where they mentioned i have to fill a bond( bond under service contract on 100 rupee stamp paper) for 1 year, after a year they gave me a bond for three year and if i will breech i have to pay 4 lake rupees which they spend on me on my training during probation period which they dint, i had no choice but to sign as they said sign or leave immediately because of my family needs and loans i had to signed the bond and company started harassing me they dint give me any salary increment even after completion of 2.5 years since i had my own limits and family increasing expenses i told them i wish to leave the job but they said complete three years and then they will decide so finally i had no choice but to leave and i cleared all the personal loan from office and send resignation by mail since they dint received by letter. i joined another firm but after few days i received a legal notice so i rushed to a lawyer and gave them the reply mentioning that ur bond is superseding the appointment letter terms and condition and few more points so finally they file a civil suit against me in court and they have changed the terms and condition of appointment letters to make in their favor and put my look alike signature in fabricated appointment letter, i have original copy of appointment letter issued by company, MOST IMPORTANT when i joined the company after 15 days i took a bike loan and gave my appointment letter copy to bank as income proof now i have the certified copy from bank with covering letter stating that i have given this appointment letter while taking the loan.
fed days back they put a complaint against me that have done the forgery and police inspector is already with them and harassing me daily by calling me and asking to show my original letter also threatening me that i did wrong and i can go to jail as well. i am simple person fighting for my daily needs with family and very small kids and these guys have too much money power and infrastructure to support but i only have my honesty and truth , so i request you all expert to pls. guide me that what are the laws available and what are the ways where i can find justice.
malipeddi jaggarao
(Expert) 19 August 2014
There are two issues:
1) Harassment by police on fabricated forgery.
2) Harassment by the previous company by filing a civil suit for recovery of amount as per the bond executed by you.
Tackle No.1 first. Do not fear. Go to Police Station and tell them it is a fabricated forgery. Show a photocopy of original appointment letter and tell him that they have fabricated another appointment letter and submitted to the court to recover the bond amount. Ask him to give a copy of FIR for the complaint filed by the company. Ask the police not to interfere in the matter as matter is sub-judice and pending in the court. If the police people do not listen to you to go the DSP or SP and explain him with all copies you have and seek his help to stop police harassment. You should not fear to approach the people. They will not do anything against law that easily.
2) Regarding court case, have you engaged any advocate? If you receive summons, please engage a good advocate with less experience as your case do not require a senior advocate. The junior advocate will charge moderately. Court might have sent you the copy of plaint filed by the company and the enclosures. The advocate can represent the court that the appointment letter filed in the court is fabricated and forged one by producing the original appointment letter. He can also represent that the terms and conditions were violated by the company but not by you, you were forced to such the bond etc.
Once you take these two steps, forget the episode except following up with the advocate for updates. Do not take seriously as it will deviate you from your goal. You are young, concentrate on your career. You should have courage to face this type of situations.
P. Venu
(Expert) 19 August 2014
A genuine query and a real and succinct advice. Thanks, Mr. Jaggarao. You have made us and the Lawyers Club proud!
malipeddi jaggarao
(Expert) 19 August 2014
Thanks to Experts Mr.Devjyoti Barman and Mr.Venu.
Actually my knowledge is limited to certain spheres only as I am not a practising advocate. I am obliged by your appreciation.
ajay sethi
(Expert) 19 August 2014
well advised by MR Malipeddi
R.K Nanda
(Expert) 19 August 2014
nothing to add more.
Kumar Doab
(Expert) 19 August 2014
Well advised by Mr. Jaggarao and well appreciated by experts.
Agreed with experts.
Do not take the original appointment letter to police officer/station.
Apparently the game plan is to snatch the original from you and destroy the evidence.
Whatever you have to state let it be drafted by your lawyer and let it be sent by email to email id of police station with a copy to SSP/DCP/Police Commissioner and submit the original by hand with Munshi of SHO and obtain inward number with date on your copy, and likewise from SSP/DCP/Police Commissioner.
You may show the original to Police Commissioner and ask him to record in minutes that original has been shown and certified copy has been provided.
Obtain copies of all docs/reports/complaints thru RTI from PIO of police.
Keep your well wishers/community leaders/employee’s union leaders/trade union leaders/area councilor/Media Personnel/welfare society members etc on your side. They can escalate to MP, CM, labor Minster and who else not?
Most Imp. record all calls/meetings (audio/visual) and keep witnesses/evidence.
Your lawyer may agree to visit police station with you.
Keep the original appointment letter/memory card in locker.
Believe it by following simple steps we succeeded in many cases and in one particular case the Thana was penalized and Inspector was arrested.
If company has not incurred expenses on any specialized training and concluded by certification from some Instt./providing extra ordinary skills/providing some extra ordinary favor it may not succeed in its claim of Bond/Liquidated damages.
Liquidated damages are not necessarily to be paid on demand. These may have to be proved.
Let us assume for a momment that:::
---- Company has incurred some expenses.
Then it has fetched return on it too for 2.5 years.
----company’s contentions are accepted by the court of law. Then court shall also take into account 2.5 years.
Thus 400000/36 months*5 months=55556 is the amount that may come out as reasonable amount.
The company has forged the signature and fabricated a document and lodged a court case based on fabricated documents. It is fraud with court.
If you want to retaliate lodge a complaint with Registrar of companies, Chief Inspector under (Name of your state) Shops and Commercial Establishments Act, O/O labor Commissioner too………………………and file a criminal complaint.
Let us touch other aspects too.
If you are so tolerant then you are material for good companies with good HR practices too.
Don’t waste your youth with such unscrupulous employers.
Always consult before you sign on the dotted line.
An employee who make every know of his family situations/needs, financial constraints, is willing to sign anywhere is the most susceptible to such exploitation.
Believe it that there are recruiters, employers that look for such candidates.
Your lawyer would know how to handle your matter.
You seem to have sufficient material to defend yourself.
Biswanath Roy
(Expert) 20 August 2014
POLICE CANNOT INTERVENE IN THE SUBJECT MATTER WHICH IS PENDING IN THE COURT FOR ADJUDICATION. IF THEY DEAL WITH THE SUB JUDICED MATTER IT WILL TANTAMOUNT TO CONTEMPT OF COURT.
M Saxena
(Querist) 20 August 2014
Dear All exper and specially Mr. Jaggarao and Mr. Kumar Daob, i have no words to thanks you for your prompt guidance, i would like to add a little to the matter since i have already received summon from court and i have a lawyer we have also filed counter claim for my 15 days salary and rest dues and they have submitted the reply on fabricated appointment letter now we have to submit our all documents in next court date since my lawyer has already appeared in at least 7-8 hearing and nothing is moving, on the other side i have the company complaint copy with me and we have already submitted the reply to investigating Sub inspector and told him that the matter is already in Honorable court but he always asks me to bring original appointment letter which i have already shown him once then he kept quite for a month then again started harassing me to see him for more questions and want to see my original paper again.
the company is claiming 4 lake for training during my 6 months of probation period but that is completely wrong as i was not given any training during first 6 months and i am in this industry from nine years so i don't need such expensive training except product orientation through catalouge i am into sales so it cant be a technical training too sir. further i approached local labour court office and they said you are working at managerial level so they cant help me.
sir as i mentioned above when i joined the company i have secured a loan within 15 days of my joining and i gave my original appointment letter copy their as income proof and i have received a certified copy from bank which it self a big written evidence. awaiting your kind reply and guidance.
many thanks and regards
malipeddi jaggarao
(Expert) 20 August 2014
Why certified copy from Bank? Ask for the original citing the reasons. They will keep a xerox and give you the original which you can use as evidence in the court.
Kumar Doab
(Expert) 20 August 2014
>>> Police: There is no need to show the letter issued by bank and attested copy of appointment letter.
Submit your reply in writing by letter with unique reference number from your end (to Munshi) addressed to SHO w.r.t. call by IO( SI) and complaint referred by SI and mention that original appointment letter has been shown and matter is sub judice, and obtain acknowledgment on your copy under seal, signature, date………………..and ask the Munshi to enter the letter and enclosures in the register.
Thereafter submit scanned copies of docs by email……………….to SHO.
Obtain copy of complaint your reply, report of SI submitted by him, statement of company’s officials obtained by SI thru RTI………………
Record all calls/meetings (audio/visual) and keep evidence/witness.
Meet the DCP/Commissioner along with written representations and similarly obtain acknowledgment with number etc and follow up thru email, RTI…………….
>>> Training: The company has to provide all catalogues, training on products, etc at its cost………
The company has mentioned in appointment letter that you have to sign a Bond…………..
You may claim that company informed that some certified by Inst training is to be provided that was never provided and you had represented in office to cancel the BOND……………………….and that company breached its own committement.
Has the company supplied certified copy of the BOND to you?
Show it to your lawyer.
Your lawyer may opine that BOND is void, unreasonable, unconscionable, illegal, unenforceable…………….
You may go thru attachment ‘ Validity of Employment Bonds’ in other thread at;
http://www.lawyersclubindia.com/forum/Breaking-of-company-bond-103889.asp#.U_SFM8WSwb8
The question arises :::::: ‘IS PROBATION PERIOD A TRAINING PERIOD’…………………AND MORE SO IN YOUR CASE?????
Probation period may not necessarily be an ‘Exclusive Training Period’. During probation period company shall test the employee for absorption in regular/permanent employment.
You have posted that you joined the company with years of experience and you were handed over just a catalogue………………………….and you were doing the duties of a regular employee and fetching revenue and profits for company…………………..and you were neither a ‘Trainee’ nor an ‘Apprentice’…………………….and company did not provide any training.
The company shall have to prove the liquidated damages it has claimed………………
You may find many threads as relevant:
http://www.lawyersclubindia.com/experts/Breaking-the-bond-447501.asp
http://www.lawyersclubindia.com/experts/Absconded-inspite-of-having-a-bond-426216.asp#.UmfKhnCAqWM
http://www.lawyersclubindia.com/forum/How-can-i-avoid-notice-period-recoverable-amount-90592.asp#.UmfdW3CAqWN
http://www.lawyersclubindia.com/forum/How-to-stop-employees-being-pulled-by-competitors-56727.asp#.UvPGBEeBmXU
http://www.lawyersclubindia.com/experts/right-of-resignation-of-employee-on-free-will-150576.asp#.UvPInUeBmXU
www.aigetoachq.org/downloads/Agenda%20Points/10.doc
If company claims breach of contract then it has again to prove the liquidated damages………………..You may go thru:
http://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.UiNgTNKAqWM
>>>
---- Labor court; The ALC, Labor Inspector does not have any power to decide the employee shall be covered as ‘Workman’ as in ID Act, ‘Employee’ as in (Name of your state) Shops and Commercial Establishments Act or not…………………..
The conciliation officer shall act on demand notice submitted by you and if conciliation fails (after 3 opportunities) in one month the matter shall be referred to Labor Court.
Here your lawyer has to determine you shall be covered as ‘Workman’ and ‘Employee’ or not and he may do so by asking you a set of structured questions.
Your Labor Consultant/Service lawyer has to take precaution to approach appropriate government as applicable in your case ‘State’ or ‘Central’……………….
As per amended ID Act the aggrieved employee can directly approach Labor Court also…………….
You may go thru Industrial Disputes Act 1947 and also Industrial Disputes (amendment) Act 2010.
----You can also lodge a complaint with Inspector under Payment of Wages Act…………..too.
The Labor Inspector in o/o Labor Commissioner ( once again state or central as applicable in your case) might be functioning as Inspector under Name of your state) Shops and Commercial Establishments Act, and also as Inspector under Payment of Wages Act, too. You may inquire and confirm.
However lodge different complaints under different Acts under expert guidance of your able Labor Consultant/Service lawyer/Law firm………….
The Labor/service matters are altogether different field and in each city there are expert consultants/lawyers that specialize in it and practice only in this filed. They are well known and usually all such cases are referred to them. You may inquire and approach the most competent consultant/lawyer/law firm.
---- You were located in which state?
Your reporting office, the Redg. office and HO of the company is located in which state?
What is your nature of duties and designation and how many people were reporting to you?
Did you have the power to appoint, terminate, sanction or decline leave/increment etc?
How many people are employed in the company?
What is line of business of the company?
----You should approach employee’s unions, trade unions…………
Even if you are a manager a Trade Union leader can agree to represent you.
In case of a Regional Manager of a company we firmed up the matter of RM with a trade union leader of union affiliated with FMRAI represented and the RM got all of his dues thru labor Court. The Trade Union leader asked to pay some amount to his unions as donation for welfare activities under receipt and accepted a very reasonable fee for himself.
--- IN another thread you shall notice that RM was accepted as ‘Workman’/Employee by Chief Inspector (labor Commissioner) ………………..and was awarded relief and compensation…………
http://www.lawyersclubindia.com/forum/Suit-claiming-damages-and-criminal-case-60347.asp#.UcRuGjuAqWM
>>> Appointment letter copy from bank Record: The date on appointment letter is older or newer than date on fabricated appointment letter?
M Saxena
(Querist) 21 August 2014
Dear Mr. Kumar Daob, please accept my heartiest thanks and many regards, i really appreciate your suggestions and amount of time you are putting on me for nothing i am felling blessed thank u.
>> I have company complained copy as well my reply but not sure about that SI has submitted any reports since its been over 2 months and he was quite but a week ago i received a call and asked me to show original letter once again but now he is not picking my call nor calling me back.
but you guided me well through RTI i can ask about his report.
do you suggest me to submit the same reply once again through munshi and copy to all by email as well?
>>training : company literally cant claim any thing during 6 months probation since there was not such training and i was in the market from very next week and started giving profit. after 14 months of joining company took me to Germany for 5 days along with few more employee for product training to enhance my productivity which they always do since the nature of business.
>> company has not gave me any certified copy of bond to me, they just geve me one xerox copy after my resignation.
>>sir i am from Delhi and the labour inspector strictly said no to me.
-company is a dealer firm into imported furniture trade from German company,
- i was a marketing manager.
- there was only one guy under me.
- i dint have power to recruit or terminate anyone nor leave sanctioning.
company have over 50 employee any many directors, but PF & ESI was not for senior staff just for few peons etc. they have few more firms under them so have managed employee ratio well to save them from giving PF etc.
>>> sir i too think to go to employee or trade unions but have fear that the company can give any donation to them to stay away. they have very high approached and i feel insecure and no backup support at all. i have bad nightmares and sometime cant sleep at all.
>>> sir i count understand your last point about appointment letter date?
my original and their fabricated letter has same date on first page, they have only changed the first page which was not signed by me or company second page is same.
bank has given me cover note on their letter head along with my original letter copy with signature and stamped.
M Saxena
(Querist) 21 August 2014
Mr. Jaggarao, thanks a lot sir for your guidance i will definitely ask company to give the original copy.
this is a great site for everyone mostly helpless guys to get the genuine opinion
you people are doing a very holy work.
i salute you all.
Kumar Doab
(Expert) 21 August 2014
>>> Police:
Record all calls/meetings (audio/visual).
First Submit a narration of all calls with phone number of calling person/your phone number, date/time of call, brief minutes of all calls made by you, received by you…………….etc
Download screenshot of number dialed but not answered etc……………………………..
You can ask for thru RTI, certified copies of complaint lodged by company, your reply (ies) , representation (s) dated……………., report of IO, Name of IO/designation/employee number/address…………………………..minutes of meetings with you/phone calls made to you by IO dated………………………..report filed by IO etc…………..
The DCP is usually PIO and Police Commissioner is CPIO…………………………..
If IO has not submitted any report you will be provided with confirmation.
If IO has not followed rules he shall become delinquent.
>>> Training: You had not posted initially that you went abroad for training.
The training at Germany as per you is Product Training and might have been sponsored by Principles at Germany. IN such a case your employer might not have spent any amounts on you.
Moreover it might be an agreement between the Principle at Germany and dealer (your employer) at Delhi to provide training at manufacturing facility at Germany. It is a known fact, custom, tradition, policy……………………………etc that in many trades employees are taken to factory for hands on feel and experience of the product that might be an inherent feature in promotion for the brand/product/commodity……………………..
The product training…………………………or for that matter training required to manage the counters of the employer……………………… is to be provided without any cost to employee.
Download all docs pertaining to this training and establish that it was no ‘Certified Training’ from any Instt., and did not provide any skill or qualification…………………….
>>> Designation: As per your last post seems to be a decorated one.
However let your lawyer opine finally on it.
>>> The Dealer might have registered under The Delhi Shops and Establishments Act, 1954 that is so employee friendly.
You may go thru:
Sec;2(5,7,8,9,15,27………………………..and narration and commentary on these sub sections),,,,3,5,8,18,19,20,21,30,31,32,33,35,37,41,42,43………….
{{{{2:::(7) “employee” means a person wholly or principally employed, whether directly or
otherwise, and whether for wages (payable on permanent, periodical, contract, piecerate
or commission basis) or other consideration, about the business of an
establishment and includes an apprentice and any person employed in a factory but
not governed by the Factories Act, 1948 (43 of 1948), and for the purpose of any
matter regulated by this Act, also includes a person discharged or dismissed whose
claims have not been settled in accordance with this Act;
30::: ::::Notice Period is max. 30 days. In case standing Orders do not apply the conditions of service shall be governed by this Act. You may go thru:
(2) No employee who has put in three months’ continuous service shall terminate his
employment unless he has given to his employer a notice of at least one month, in writing. In
case he fails to give one month’s notice he will be released from his employment on payment of
an amount equal to one month’s pay.
(a) Applicability of section 30
The protection of the provisions of the section is available to all persons who fall within the
definition of the term “employee” as given in section 2(7) of the Act and who have put in three
months’ continuous services. In the absence of any standing orders or any contract between the
employer and the contesting respondent containing any particular terms or conditions, the
conditions of service of the employee relating to his employment in an establishment at Delhi are
covered by section 30(1) of Delhi Shops and Establishments Act, 1954
(d) Section 30 of the Delhi Shops and Establishments Act, 1954 does not exclude the
application of the Industrial Disputes Act, 1947
37::: (b) Duties of the Inspector: (i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;
}}}
PF: The Wage ceiling was upto Rs.6500/pm and has been increased to Rs.15000/pm as per the publication posted at:
http://www.lawyersclubindia.com/forum/P-f-enhancement-is-in-full-swing-by-e-p-f-o-106261.asp#.U9NVSOOSwb8
For any violation you may check with APFC/RPFC in nearest PF office or thru directory at:
www.epfindia.gov.in
ESIC; The wage ceiling is Rs.15000/pm. You can check at ESIC website.
>>> Appointment letter: The original copy with you and attested copy obtained from bank shall be on your side.
You can approach Labor Consultants/Service Lawyer’s par excellence at Delhi.
If you wish to consult thru LCI databank you can access at:
http://www.lawyersclubindia.com/lawyers_search/#.U_XeQcWSwb8
Senior Experts Mr. P.S.Dhingra, Mr. H.S.Thukral from Delhi have been advising querist/authors at LCI……………..It shall e prerogative and pleasure of the experts to counsel you.
You shall need to settle your T&C with your Labor Consultants/Service Lawyer/Law firm on your own.
>>> Bond: Show the Xerox copy to your lawyer.
>>> Let your lawyer opine finally on the merits and your case, and let your lawyer decide the forum where you should agitate……………………………..thru Unions, The Delhi Shops and Establishments Act, O/o Labor commissioner, Civil court………………………or to treat the unpaid wages as debt on employer…………………………….winding up petition,………………..complaint u/s 406,420 etc………….
malipeddi jaggarao
(Expert) 21 August 2014
Once Expert Kumar Doab has up the query, you need not have to worry. He has lot of patience in giving proper guidance. Thanks for your appreciation and I hope your problem will be solved to your satisfaction.
Kumar Doab
(Expert) 21 August 2014
Dear Mr. Malipeddi Jaggarao,
In fact you have set the tone and direction of this thread and have enriched the forum with your valuable advice.
The credit and appreciation in fact goes to you.
You are a thorough gentleman and I accept your wishes with humility and I am sincerely thankful.
I will certainly do whatever little I can with my limited understanding on the subject.
May I request you and able experts to moderate this thread, please.
I feel that the author has a cause and cause is bigger than a case.
I also feel that the author if remains composed and obtains the counsel of an able lawyer at his location has ample chance of successfully contesting the case.
M Saxena
(Querist) 23 August 2014
Dear Mr. Kumar Daob and Mr. jaggarao,
thanks a lot for your proper guidance, further tomorrow i am going to lodge a criminal complaints against the company describing all the facts. since Mr. Kumar Daob has understood my case completely and guided me so briefed, if you want me to mention any point or any direction please let me know i will be always your grateful.
Kumar Doab
(Expert) 23 August 2014
Avail the services of able lawyer(s)/law firm.
Labor Law/Service matters is all together different field and in each city there are Labor Law consultants/Service matters lawyers that specialize in it. They are well known and usually such cases are referred to them.
Likewise Criminal Law is another filed and in each city there are lawyers that specialize in it. They are well known and usually such cases are referred to them.
While your counsel handling service matter may like to downplay some points the counsel handling criminal complaints may like to blow some points. A balance shall need to be achieved.
You shall need to coordinate between both.
It is your discretion to consult both.
Only the lawyers that have examined all docs on record and your inputs can advice you on the merits.
Online discussions have its own limitations.
By now you would have understood and decided your options.
Wish you all the very best.
T. Kalaiselvan, Advocate
(Expert) 24 August 2014
The query has been very addressed and suitably advised by both the experts Mr. Jagga Rao and Kumar Doab, nothing more to add.
M Saxena
(Querist) 24 August 2014
Dear Mr. Kumar Daob and Mr. Jaggao Rao,
today i have got my complained drafted by lawyer including briefed about forged letter and not giving me increment etc. BUT surprisingly my lawyer said i have to be aggressive now and must have to give huge money to thana in-charge since they wont do any thing without money as well do some article in few news paper which is again costing me like crazy and also told me that if police will not file FIR then he will get me the order from court for that again i have to spend a crazy amount. i mean sir i am completely broke down and cant arrange this huge money at all.
after seeing my lawyer attitude i think i must go to my previous company band on my knee and bag for forgive and take some genuine amount considering 2.5 years but again think i wont be able raise my head ever.
sir my questions to you are;-
1- do i really need to give money to police to take some genuine action against them ?
2- giving articles in news paper is appropriate as its causing me crazy money.
?
3- sir case like mine generally last for what time period?
4- can you pls. guide me any affordable lawyer in south delhi or delhi whom i can trust and can go further with him?
when ever i read your reply i feel that i have a great chance to defend my case successfully but my lawyer always gives me threats that they will not leave you if i will not do such steps advised by him.
pls. guide me...
malipeddi jaggarao
(Expert) 24 August 2014
I already advised you not engage a senior. Junior advocates will do this work at lesser fee. Regarding giving bribe to police people, we can not comment anything on this aspect. The advocate you have consulted, appears to squeeze money from. You go some other advocate or browze lawyerclubindia.com website in search option.
Kumar Doab
(Expert) 24 August 2014
Change your lawyer as suggested by Mr. Jaggarao.
We won't advice to pay bribe or bend on your knees.
T. Kalaiselvan, Advocate
(Expert) 24 August 2014
Do not expect wrong advises here, you act as per the situations prevailing in your atmosphere, if you find your lawyer to be charging exorbitantly, you may abruptly change your lawyer.
