Bond of 4 years

Vinit Shrivastav (Querist) 05 June 2018 This query is : Resolved
Hello sir,
I have signed a bond of 4 years with 3 lac bond money in a chemical plant and they asked me to submit a undated cheque of 3 lac rupees. I did the same because that time i was fresher and no one was giving job to freshers.
But as time passed now the managment is harassing me by abusing me and by making mentally pressure on me.
I have just completed 1 year and they are harassing me a lot.
And not giving me any increment in salary.
I joined at 10 k and they are still paying me 10k. When i asked them that if you have any problem with me then fire me, they said we wont.
If you want to leave then give us a resignation letter and we will submit your cheque in bank and withdraw 3 lac money.
Then you can leave.
But i cant pay them 3 lac money and they are harassing me a lot.
Please tell me what i do now?

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Vinit Shrivastav (Querist) 05 June 2018
Please help me as soon as possible.
Because i cant work here more and they are saying that if cheque will bounce then we will take legal action.

Siddharth Jain (Expert) 06 June 2018
In this case, You will have to file a complaint with police that your company has coerced you into a cheque by you in their favour and are blackmailing you for the same, whereas you haven't taken any money for the same.

Also, serve a legal notice to your employer asking him to refund the said cheque as well as to relieve you as bonds cannot be enforced under Section 27 of the Indian contract act.

for any other queries feel free to contact me isidjain1@gmail.com

Ms.Usha Kapoor (Expert) 06 June 2018
File a suit in civil court on the following grounds.Issue a Legal notice to your employer on the below mentioned points and wait for 15 days for their reply. If you don't get a response within notice period or satisfactory reply within 15 days file a suit in civil court.
The validity of Employment bonds can be challenged on the basis of Section27 of the Indian Contract Act. Section 27 of the Indian Contract Act, 1872 prohibits any agreement in restraint of trade and profession. Any agreement in trade and profession according to Section 27 is void.
As per the mandate of Section 27, any terms and conditions of an agreement which directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid under the Indian law, The employee has right to resign from the employment even if he has agreed in the employment bond to serve the employer for a specific period of time.
The employment bond is considered reasonable as it is necessary to protect the interest of the employer. However, the restraints stipulated upon the employee in the contract should be “reasonable” and “necessary” to safeguard the interests of the employer or validity of bonds comes under scrutiny. The employee cannot be compelled to work for any employer by enforcing the employment bond. In the event of a breach of contract by the employee, the only remedy available to the employer is to obtain a reasonable compensation amount.

Guest (Expert) 06 June 2018
If you want to ruin your career for your whole life, you can feel free to adhere to the advice of both of the above experts.

Siddharth Jain (Expert) 06 June 2018
why would you say something like that Mr. Dhingra or whomsoever you are.
so, what's your advice to this man?
do you want him to pay the bond amount?

P.S. you don't have to preach about anyone here, rather give your advice, if you're a lawyer and stay put.

Asgher Mahdi (Expert) 06 June 2018
Since what you say experts are relying and giving their opinion and in fact you have not supplied the copy of your bond/agreement.The perusal of your bond /agreement from the view point of lawyer/s so that they can find any loop holes. Whereas, in your instant case you need not to worry as bonded labor is abolished and they cannot force you.

Guest (Expert) 06 June 2018
Mr. Sidharth jain,
If the so called experts do not see demerits of the case and blindly give advice without going through the bond conditions, on account of which the querist can invite more troubles for him, Mr. Dhingra, whatsoever he is, doesn't prefer to post his advice to make his advice go waste due to controversies of the thoughtless advice by the so called experts, having no knowledge of service Rules, regulations and laws.

Guest (Expert) 06 June 2018
@ Mr. Asgher Mehdi,
The querist is not a bonded labour, but a bonded executive. If Government and their PSUs can bind their executives for misuse of their channels to be treated merely as transit camps for switching over to some other lucrative posts, other companies also have the right to follow the Government, who makes laws, and its PSU's who follow the Government Rules and Laws.

Without going through the validity of the bond conditions, your advice "not to worry as bonded labour as abolished" can not only prove to be misleading, but also can prove to be much more costly than the existing Bond amount, besides waste of years together in the courts of law.

Bonded labour was used to be kept by the private wealthy Zamindars and clans for their paltry amount of debts to the poor villagers, not the Government or its public bodies. Every bond regulated employee can't be termed as a bonded labour, unless they are governed by the industrial laws or the bond conditions are found to be void or illegal in law.

P. Venu (Expert) 06 June 2018
The bond is not enforceable unless the employer had given you specialized training incurring expenditure. As regards to the undated cheque they cannot encash the cheque if the balance is insufficient. In the alternate, you can issue 'stop payment' instruction.

Asgher Mahdi (Expert) 07 June 2018
Dear Dhingra, what has been told without looking into the Bond/Agreement giving opinion have been at the out-set of my reply have been told.As has been said bonded labor that were existed during Zamindari System is right but in a way, present practice continue by way of limiting the resources by entering into bonded agreement which is a practice we find in the modern Industrial sectors of meare reasons that the company spend much money in term of training.The valuable things to mention in this query is the company as alleged by the concern querier the management abuse, harass, holding up his salary with out any genuine cause, so on is it not reflect to retain him for period. This phenomenon of retaining the staff by way of bond have been condemn internationally and may no where exists except only for high profile profession as in the 'Master Service Agreement". What, I believe is this poor chaps have good case and file before the court will win.I hope, he will be not discourage by our legal opinions of our forum.

Guest (Expert) 07 June 2018
In any way, bonded labour term cannot apply in his case. However, for experiment sake, if liked, the querist can feel free to act upon your advice to file a case in the case on the analogy of bonded labour. The result would tell him appropriately.

Bond of 4 years

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