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
hariprasad
21 September 2012 at 21:16
I am Hari, I am working in a leading airline since four years. I had a contract of 3 years and it got expired since one year it was not got renued. but now i am resigning from the job with 15 days notice.
At this time my HR is forcing me to sign the contract on past date and forcing me to pay for remaining 15 days as per that contract. for getting my releaving letter and experience letter.
Kindly help me
chitra gupta
21 September 2012 at 17:04
how long employer......employee relationship will exist as per labour laws or constitution of india where an industrial employee(now under suspension) has been denied subsistance allowance(despite of submitting non employment certificates)since last 26months......a vindictive attitude has been played by the disciplinary authority of a nationalised company and the labour has no other sourceof income for his livelihood.....as long as employer/employee exists,the labour is handicapped,,,,,,,,,is it not violation of human rights.......experts may pl share their valuable opinion.....thanks(.)
Soum Bhatt
21 September 2012 at 10:27
Can a Private COmpany where in number of employee is 5, legally run its business without a list of holidays. Is not it mandatory? The company is a Joint Venture of public sector undertakings.
What action can be taken against the management?
L N Das
20 September 2012 at 18:49
This has reference to the news conference on Monday by the society of SC in regard to middle class income group can get case argued in SC. Please confirm whether any employee can file a case against a company with Hon'ble Supreme Court (SC Society) instead of going to local / regional labour court / civil court directly.
Thanks and regards,
L N Das
Isaac Gabriel
19 September 2012 at 17:55
The employer suspends an employee in the verge of his superannuation.Paid subsistenece allowance for one month,and thereafter he attains the age of superannuation.But the enquiry continues for five years after superannuation.But subsistence allowance was not given.and the suspension was also not revoked either till the completion of enquiy Can he claim subsistenced allowance till the completion of enquiry after superannuation?.The management has not yet revoked the suspension either.
NAYAK MAFATLAL GORDHANDAS
18 September 2012 at 23:37
Sir, I am Bank Officer of Nationalised Bank and I was under long bias & prejuice minded suspension from 25/11/2009 to 06/05/2011. At the time of revocation of suspension,imposement of penalty was pending. Now, Disciplinary Authority has imposed penalty of reduction of six increment and regarding salary of suspension period, he wrote that "we treat it as not on duty, so no diffrence of salary will be paid."
Sir, for your knowledge, I was paid 1/3rd of salary for the first three months of suspension and thereafter, got 1/2 salary up to the revocation of suspension.
Sir, in suspension order it was written:1.without permission, not to leave the Head Quarter, 2.declaration of not having engaged in employmen/profession, 3.without permission not to enter in the office premises all over India.
Sir, please guide me: whether I can get the difference of salary of suspension period after revocation of supension in the present circumstances?
Sir, I am of the opinion that Disciplinary Authority had put ban on me not to enter into the office premises, declaration of not having engaged in other profession/engagement,not to leave the HQ without permission of him.
Sir, appeal against the pnishment order is pending, but management has effected the punishment order. furter more, new show cause notice is issued for the Branch from which I was suspended;
Sir, can bank issue new show cause for the branch where I was suspended and chargesheeted and after inquiry (ex-parte), punishment effected.
What to do?
Sir, please advice me.
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Regarding full settlement
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.