Mohd Zeeshan
26 September 2012 at 15:02
Hi Everyone
I am having one problem which I am really tensed about. Please Help me out.
Actually the scene is I joined an indian bank last year. At the time of recruitment the bank made me sign a service bond of Rs.1.5 lakh plus 3 months notice for 3 years. And for that purpose they also confiscated our educational documents in original. I was lured by the salary and signed it.
Now I have resigned from the service due to my family problems and they are asking me to pay the compensation amount plus notice period amount. Otherwise they will neither give my documents back nor they will issue relieving cum experience letter. And as per them they will register an FIR and file a suit against me.
So I request you all to suggest me that whether legally they can enforce upon me that contract or not? And should I obey the contract? And Can I demand of giving my documents back without paying money?
Because without my documents I am not able to get another job in my domicile.
Thanks for your all Support in advance.
sanjeev kumar
26 September 2012 at 13:19
Hello experts I have a query & I hope that u will help me.
Matter is related to recruitment process and problem is that:
The department selected all the candidates on the basis of marks allotted on interview to each candidate & not considers the marks got by the candidates in the written examination.
Where as:-
1) In the service regulation of the department there is clearly mention the procedure for direct recruitment will be written examination & interview.
2) There is a State Government GO also in which it is clearly mentioned that where recruitment is based on written exam followed by interview then the marks of interview will be not more than 12.5% of the total marks(written & interview).
When I asked the department that ur department not followed ur service regulations & Government GO, then they told me that we already published in the advertisement that selection criteria for the recruitment is interview only.
My query is that can I challenged the above recruitment process of the department because they not followed Government GO and there service regulations. If yes, then please provide me some solution in details and some court decisions.
Points to be remember that:
Department is state government undertaking having separate board but follow all government rules & GO.
Thanking you I wait for ur quick reply
Gyana Ranjan Panda
25 September 2012 at 12:17
Respected Sir,
I am an ex-servicemen selected to join as an AG-III in FCI. Kindly clarify whether there is pay protection for ex-servicemen in FCI. The service regulation of FCI does not say anything for pay protection for ex-servicemen. When inquired from their head quarter the staff couldn't clarify but said it is not there. Please guide and provide the GOI policies and regulations in this regard. Thanks and regards.
Rajaram
25 September 2012 at 07:45
Hi My company is not ready to give me 3 months salary. My salary is 17000 p.m. I worked as Manager. It is a proprietorship concern. Less than 15-20 employees are working. Other employees got their salary. But my salary is pending. I asked my boss. He is not picking my phone call. And there is no proper answer from that company. Since I came out from that company since one month. What can I do?
chitra gupta
24 September 2012 at 22:11
respected experts.....very recently one senior govt.official has been charge sheeted for floating tender documents and executing the jobs(utilising public money)thereon violating govt.rules and regulations and norms.....the accused in his reply had stated that being a govt. employee he had just executed the directives of his superiors.....he has been now shifted to a less important deptt....and the disciplinary authority is silent for future course of action....how the accused will now seek the natural justice where he has only 2months +some days to retire....?
Tajinder Pal Singh
24 September 2012 at 18:14
Hi
I did a contract work with one company..But I had to quit that contarct work due to company polices....
about 2 lakhs payment was pending. but company send me notice for recovery 1 lakh rupee.
I put complaint in labour court.
Now company is asking for settlement for 0 amount for both sides.. but I want money
what should I do.
rahul
23 September 2012 at 11:57
Is the bond valid because i plan to resign.
I heard that only the training expenses have to be reimbursed.
BOND
Now these present witnesses and it is hereby mutually agreed and declared by and between parties hereto as follows.
1. BSNL shall provide training, the nature and duration of which shall be determined by the Chief General Manger NATFM Hyderabad (herein after referred to as CGM NATFM) whose decision in this behalf shall be final and binding.
Provided that the CGM NATFM may at any stage without assigning any reason discontinue her training, if in her opinion (which shall be final and binding), the trainee appears to be unlikely to be an efficient Junior Accounts Officer.
2. The trainee shall :
(A) Undergo the course of training at any BSNL Training Centre, selected from time to time by the CGM NATFM.
(B) Undergo such training at the said places with due-diligence and comply with the instructions of all authorized officers in regard to training and discipline at the said places.
3. THAT the trainee has agreed with the Company that after completion of the training, he/she shall serve BSNL in such department or departments at such place or places in India in such capacity in connection with BSNL’s business as BSNL may require from time to time, for at least five years after completion of aforesaid training on terms and conditions contained hereinafter and in accordance with the Rules and Regulations of BSNL as applicable from time to time to such trainees.
4. THAT the BSNL has called upon the trainee to furnish a Bond to the extent of Rs. 2,00,000/- (Rupees Two Lac 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.
5. THAT the surety, at the request of the trainee, has agreed to give a Bond for the said sum of Rs. 2,00,000/- (Rupees Two Lac only) in the manner hereinafter appearing.
6. THAT the Trainee and Surety have agreed that in the circumstances if the trainee commits breach of any conditions of this Agreement or, in case the training of the said trainee is discontinued under the provisions to clause (1) above and the CGM is satisfied that the failure of the trainee to reach the necessary standard is due to his/her work (the decision of CGM in this behalf being final), or in case of continued adverse reports regarding his/her conduct or his/her political activities directed against the Government of his/her Country/BSNL, or if the trainee voluntarily quits for reasons not beyond his/her control any time during the course of training, or on completion thereof does not serve the BSNL for a period up to 5 years or during such period of service does not carry our his/her duties with diligence, BSNL shall have full powers to forfeit the amount of security deposit without any notice to the trainee and surety. Trainee and Surety have further agreed that they jointly or severally shall pay forthwith to the BSNL on demand an amount of Rs. 2,00,000/- (Rs. Two Lac only) as bond amount along with interest @ 18% p.a. along with losses/damages which BSNL may suffer by reasons of the Breach of the conditions of the 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.
7. THAT liability of the surety hereunder shall not in any manner be affected by any time granted to the trainee or any other indulgence which may be shown to him/her in respect of the recovery of the said money (s) by BSNL or shall it be necessary for the BSNL to sue the trainee before suing the surety for the amount due hereunder.
8. THAT during the continuance of this agreement the trainee shall not, without the previous consent of BSNL, enter the service of, nor be employed in any capacity, whether advisory, executive or otherwise or for any part of his time by any person, company undertaking or concern other than BSNL. Similarly, the trainee shall also not undertake/commence any business or trade etc., of any kind without prior permission of the BSNL.
9. THAT during the period of this Agreement, the trainee shall conform strictly to all Rules, regulations, instructions, bye-laws, etc., of BSNL and work diligently and faithfully and obey all lawful commands of his seniors.
10. The trainee shall devote his whole time and attention to the business of BSNL as above mentioned and shall not participate, be engaged or be interested or concerned, directly or indirectly, in any other business or occupations of any kind or nature whatsoever.
11. The trainee shall at all times conduct himself/herself in a manner befitting his/her position and the prestige of BSNL and show civility to and strictly obey and carry out all lawful orders and instructions of all persons placed by BSNL in authority over her and shall in all things use her best endeavor to promote the interest of BSNL in its business and will not utilize or divulge to any person, any of BSNL’s or his/her connections, trade secrets or affairs. He/She shall also observe and conform to all the rules and regulations and arrangements of BSNL for time being in force and amended from time to time for the control of BSNL Staff.
12. In witness whereof, the trainees and the surety have here unto set their respective hands and BSNL has hereunto caused………………………………………………. on his/her behalf to set his/her hand this the ……………………… day of ………………….
Witnesses :
1. ………………………
Trainee
2. ………………………
Surety
3.
Gaurav Pandya
22 September 2012 at 21:17
If any one has judgement -- please send me
a bus driver engaged as a substitute even for one day will be a workman and his dependent will be entitled to compensation when the driver dies in an accident occurring in the course of his employment.
New India Assurance Company Ltd. v. Mohan Kumar, Sahoo,
2004 LLR 71: 2003 (99) FLR 796 (Oli HC).
advocate_pandya@hotmail.com
Neha Jain
22 September 2012 at 16:55
I have a query that can a company keep three months salary of the employees as security deposit for both existing and new joining.
Is there any law in India that allows or prohibits the Company from taking security deposit from the employees?
Please advice me and if there is a any section in any law kindly do refer the same.
Thanks
Neha
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New pension scheme
Sir, there is one more query. My company was deducting some part of my salary for the Pension Fund under New Pension Scheme.
So i want to know that Since I have resigned from the service of that organization (other than retirement or VRS)then can I claim for the amount in NPS, back from my ex-employer?
Or would I have to forgo that amount due to resignation before the retirement.
Thank You