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negi (software engineer)     11 October 2011

Bond between employee and employeer

 

Hello Sir/Ma'm,

 

         ,I have joined a company as a S/W engineer on 25 th may 2010, I have submitted a undated cheque of 90,000/-  and  a4 size paper of signed bond  for 18 month. but due to high work pressure even work was on Sundays and Saturdays without any compensation leave or overtime(60+ Hrs in a week), working with company for 1 year I have suffered too much. due to access work pressure and mental pressure my health went down and went through medical observation.

       I send my resignation on last week of June mentioned in the mail that  "My health became down 

due to high work pressure when I was working in organization" .

 

first week of Oct 2010 I got a legal notice from his lawyer of cheque bouncing (in terms of section 138) for paying the amount within 15 days with notice fee of 5500 .and in case of not paying  "you have to pay double of amount and imprisonment of 2 years.

 

Please suggest me what should I do.



Learning

 5 Replies

Kumar Doab (FIN)     11 October 2011

 

One should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before signing on the dotted line. It is better than suffering later.

Your elders in the family, competent and experienced well wishers, lawyer/law firm could have advised you before submitting the resignation letter.

You may post the copy of your bond, appointment/offer letter, legal notice etc in the forum, if you wish you can erase the name etc.

Kindly visit experienced and competent service lawyer with all the docs and records and your lawyer shall submit appropriate reply to the legal notice.

if you have date wise attendance record and other records to establish that you have been made to work on off days/holidays etc you may  lodge a complaint with local o/o labor commissioner and claim the payment of earned wages, OT, damages etc. Your lawyer may advice you to include the threats of imprisonment in your complaint, to local o/o labor commissioner and may advice to lodge a complaint under provisions of anti slavery, and may lodge a complaint with human rights commission.

 

1 Like

Sankaranarayanan (Advocate)     11 October 2011

you better to consult a nearer lawyer and share all details with him and ask him to reply the legal notice with in stupulated time. he will guide you proper way  and solve the prob.

1 Like

negi (software engineer)     11 October 2011

Thanks Kumar and sankar for your valuable reply,

Vijayarajan (Executive Director)     12 October 2011

This is not a Labour matter at present...Serious criminal matter. How can you say that it was a blank cheque. Consult with a good criminal lawyer.

Sudhir Kumar, Advocate (Advocate)     02 December 2011

Nogotiable instrument act gives liberty to th eholder fo the chque to complete the details left blank by the drawer. Whn you sign undate cheque for the ocmpnay you entered slavehood and it is not good for the slaves to complaint about long working hours, lack of weekly off and lack of heatlh. But situation chaged in 1976 when bonder labiour act was passed.  what your employer is doing is indulging in bonder labour.  Keeping you under debt for crubing your right to resign. Now criminal case will succeed against you if the amount stated in the cheque was really due to the company [legally due not exttortion]. Now you say that you got notice one year back on Oct 2010 and your company has done nothing.  Appraently they have lost change to proceed under S/138 of NI Act. Perhpas they have to file a civil suit only [if the dates given by you are correct]


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