breaking companys bond

Priya (Querist) 09 December 2015 This query is : Resolved
Hello sir
I am priya..i have joined xyz company on may 29 2014.at the time of joining i signed a bond with the company for two years.but later after an year i quit the company without informing the organization.now they are sending me notice to pay rupees one lakh..and the notice also mentioned that if i am unable to pay the amount within the given time a legal action wil be taken on me for the recovery of the amount..i have all my original documents with me..i don need any experience or relieving letter..but i am scared about the legal action..please help me out in stating what can be the legal action in such cases..
Thank you

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Kumar Doab (Expert) 09 December 2015
The bond was created in lieu of what extra ordinary favor by the company say some certified training from some Instt that added to your qualification?

Do you have copy of the Bond?

Did you submit any notice of resignation or resignation by ordinary post, email, Redg post etc? Do you have a copy?

You will certainly need service certificate,relieving letter at some point.

Are you a member of employee's/trade unions?

What was our designation and nature
of duties?

You were in which state?

What is this company: private,Govt, Commercial /Industrial?

Why don't you approach an able counsel specializing in Labor/service matters show all docs on record and submit a fitting reply and it may put up the matter on shut up mode.

Since you have signed by your free will the company may approach court of law and it may be civil matter and your lawyer can represent you and court shall decide the matter on merits and company may not get a penny in award or may get pro rated damages that too based on merits.

P. Venu (Expert) 10 December 2015
Agreed with Mr.Kumar. The Bond is not enforceable unless the company incurred substantial expenditure in imparting you specialised training.

Rajendra K Goyal (Expert) 10 December 2015
Reply the notice through your lawyer.

Even if they approach court, the case would be decided on merit. You are not needed to go to court on each hearing.

T. Kalaiselvan, Advocate (Expert) 19 December 2015
Well advised by experts, first you issue a reply notice denying the contents and disowning the commitments.