Bonds

The company agreed to grant study leave on no pay basis. The mutual understanding was company shall keep the seat/place warm for the study period, and employee can come back and join at the same seat/place/designation and does not have to loose the job. A bond was signed towards this understanding, and a clause of 10 years agreement to remain in employment or pay a compensation of 10 lacs was agreed upon. This bond needs to be studied.

Kindly obtain and study the leave policy, promotion policy of the company, and obtain information how many employees have been promoted from the same designation and what was their qualification? You can use RTI route also.

What as the reason given in the notice of resignation? Did the employee inform the company his new qualification in writing and submitted certificates and asked them to update his educational qualification in his personnel file/company records?

Good companies circulate the vacancies amongst the employees and invite applications. Did the employee ever submit his application for the higher post? What is the min. qualification for the higher posts?

 The employee should use his resources, rapport, goodwill, negotiating, persuasion, persistence skills and obtain relieving letter, FNF statement, settlement of a/c and disbursement of payments, NDC, NOC, acknowledgment of submission of company property and comments that nothing is due against him, work experience/service certificate and all other documents e.g. form 16, PF accumulation reports and withdrawal/transfer forms etc. If all these certificates, documents are released this may help.

Company can raise the claim for the bond amount and sit on relieving letter. If it happens claim shall have to be contested citing the facts posted by you. Kindly show all docs to a competent service lawyer.