Harekrishna Sahu
23 October 2018 at 23:35
Sir
I had executed a bond with BSNL to work 5 years after completion of training otherwise I have to pay Rs 200000 with 18% interest p.a.,before training I had appeared an interview in another psu same was informed to BSNL through letter, during the training period I got selected in that PSU .So I left my training not completed it and submitted my resignation in BSNL. Later BSNL demand Rs.242000 as bond amount as per point no 5 & 6 of bond agreement including interest so I had to pay it because I need relieving letter to joining other organisation.For 1 month training I have not received any stipends and staying my own expenses. What should I do now without any benefits I had to pay huge amount.What happened to me is it right sir? Should I file case against BSNL? please guide me.
BOND AGREEMENT
This agreement is made at ………………………………this………………………day of…………………………betweenShri/Smt/Kum…………………………………………………………son/daughter/wife of Shri/Smt/Kum………………………………… resident of …………………………………………… …………………………………………………………………… ….…………………………………………………(hereinafter called the Trainee which expression shall unless excluded or repugnant to this context be deemed to include its successors/ assignees, executors, legal heirs, administrators) of the FIRST PART and Shri/Smt/Kum………………………………………………………………………son/daughter/wife of Shri………………………………………………………………… resident of ……………………………………………………….. …………………………………………… …………………………………… (herein after called the Surety which expression shall unless excluded or repugnant to this context be deemed to include its successors/assignees, executors, legal heirs, administrators) of the SECOND PART and BHARAT SANCHAR NIGAM LIMITED a Company incorporated under the Companies Act , 1956 having its Registered Office at BHARAT SANCHAR BHAWAN, Harish Chandra Mathur Lane, Janpath, New Delhi-110001 (hereinafter called BSNL which expression shall unless excluded or repugnant to this context be deemed to include its successors/ assignees, executors, legal heirs, administrators) of the THIRD PART acting through Chief General Manager, Telecommunications, Gujarat Circle, Ahmedabad is authorized official. WHEREAS the trainee has been selected by the BSNL for training in the Cadre of Junior Account Officer at BSNL Training Centre for a period of 10 (Ten) weeks/years and the trainee has agreed to undergo the same on the terms and conditions contained hereinafter. AND WHEREAS the BSNL shall spend a substantial amount for the training of the trainee and shall pay a monthly stipend at the rate applicable from time to time during the pre – appointment training period at specified location (s) as may be decided by the CGMT. AND WHERES the sum of Rs.5000/- (Rupees Five Thousand only) has been deposited by the trainee Shri/Smt/Kum………………………………………………………….in favour of Accounts Officer (Cash), BSNL, O/o CGMT, Gujarat Circle, Ahmedabad vide Demand Draft No………………………..dated ………………….. as interest free security for due fulfillment of conditions of this agreement.
Now these presents witness 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 Manager NATFM Hyderabad (herein-after referred to as the 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 his training, if in his opinion (which shall be final and binding), the trainee appears to be unlikely to be an efficient Junior Account Officer.
2. The said trainee shall: (A) Undergo the course of training at any BSNL training Center, 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 5 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 loses 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 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 CGMT is satisfied that the failure of the trainee to reach the necessary standard is due to his/her work (the decision of the CGMT 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 five years or during such period of service does not carry out 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 & Surety have further agreed that they are jointly or severally shall pay forthwith to the BSNL on demand an amount of Rs. 2,00,000/- (Rupees Two Lac only) as Bond amount along with the interest @18% p.a., which BSNL may suffer by reason 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 services 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 BSNL. 9. THAT during the period of this Agreement, the trainee shall confirm 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 occupation 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 him and shall in all things use his 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 trainee and the surety have here unto set their respective hands and BSNL has here unto caused their signatures on his/her behalf to set his/her hand this the …………………….day of ……………………………… …… ……………………..
mini
23 October 2018 at 21:38
Hi,
Wanted to check,is it mandatory to have manual register to track attendance which has a unit size of 300+ employees in SEZ location for a shops & eatablishment,Although,we have swipe cards but that doesn't link with payroll.
So is it mandatory to maintain register,if yes,what do the clause mention...thanks
jayakumar.j
23 October 2018 at 21:08
The Non-scheduled private bank suspended an employee for dereliction in duty on 30-06-2016. Initiated disciplinary action and terminated his services after two years on 31-07-2018. Appeal to the management /Governing body was also dismissed. Is he entitled for subsistence allowance ? Whether writ petition could be filed? If not What is the next course of appeal ?
jayakumar.j
23 October 2018 at 20:57
An employee was placed under suspension on 31-1-2007. He attained the age of superannuation on 30-04-2007. He was paid retirement benefits on 31-08-2018..He was paid subsistence allowance upto 30-04-2007only. Is he eligible for subsistence allowance till 31-08-2018.He was employee of Cooperative Bank.
SARAVANA
23 October 2018 at 12:58
Whether bonus should be calculated from BASIC+DA or Gross salary
Akshay
20 October 2018 at 17:43
I have received job offer and appointment letter, my previous employer wants me to complete their notice period but i cannot hold as my new employer has given me appointment letter of nearest date. Can current employer hold my gratuity and pf? They have asked me that they cannot provide me relevance as well.
Anonymous
18 October 2018 at 23:22
Hi sir, I was working for a company called Aakash educational services Pvt ltd. Worked for 4months. During time of my job, I have been issues pip, I thought of quitting job because of pip. So I put down my resignation. Communicated everything via mail to reporting manager and hr on mail. No one has intimidated about serving notice period. Submitted laptop, tab, idcard.Got reliving letter also. Now after 8months suddenly company is sending mail to give 1month of salary for not serving notice period. Can someone suggest what needs to be done? Do I have to pay. This is a case of pure harassment as during time of leaving no one has communicated anything.
Kasturi S
17 October 2018 at 12:51
I am a former officer of a nationalised Bank. I was awarded the punishment of Compulsory Retirement. I had completed service of 15 years in the Bank. I have received Provident Fund, Gratuity and Leave Encashment as Retirement benefits but Pension is not sanctioned to me. I was told that a service of 20 years is required for sanction of Compulsory Retirement Pension. As per Bank Employees Pension Regulations, 1995 : An employee compulsorily retired from service as a penalty on or after 1st day of November, 1993 in terms of Service Regulations or settlement by the authority higher than the authority competent to impose such penalty may be granted pension at a rate not less than two-thirds and not more than full pension admissible to him on the date of his compulsory retirement if otherwise he was entitled to such pension on superannuation on that date.
The minimum qualifying service for Superannuation Pension is ten years/Fifteen years in many banks and as per the above interpretation of Compulsory Retirement Pension : A) am i eligible for Pension ? B) On what grounds Bank can deny pension ? C) Can i proceed legally against the Bank ?
Anonymous
16 October 2018 at 20:37
Hi
I have appealed against low grading in APAR during May 2018. However, the reporting officer has not replied to my appeal till date. Hence, kindly suggest action.
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Termination from bank
The non scheduled private bank terminated its employee as a result of disciplinary action.He made an appeal to the Managing director/ Governing body and it was also dismissed.What is the next course of action? Whether Writ Petition can be filed ?