Kindly always start a new thread.
You have posted that:
--“As per the University rules for study leave ( ordinance and statutes) maximum time period of bond is three years so can my management take bod higher than that?”
Do you have the certified copies of such rules and has any individual commanding authority on rules has opined that theses rules are applicable in your case.
Your lawyer may opine that the bond was in violation to the guidelines/rules/statue and hence void to that extent.
Did the management sponsored the course fee/stay etc and thus did it ever justify the additional 2 years in bond?
--“During this time again to progress further I joined external basis Ph.D with NOC from institute.”
Suddenly after six month again the management of the institute gave me in writing to give another bond of 7 years for Ph.D course.
I denied as already with their approval only I started Ph.D. They started to threaten me and hence I left institute by giving three months notice time resignation.
Your lawyer may opine that you were left with no alternative but to give up your employment and source of livelihood.
Both he courses shall not just add to your qualifications, but shall be to the benefit of institution which shall claim it has highly qualified faculty to attract business, revenue, profits, and to student to whom you shall be able to impart better knowledge and education.
--“ I denied as already with their approval only I started Ph.D.”
“They started to threaten me”
“Albeit they have not given me salary of this period”
“ and when I asked for the same they said it is taken against the bond.”
Have you submitted any representation in writing to this effect under acknowledgment?
Has the management stated in appointment letter signed by you that it can deduct bond amount from your wages? Have you signed any private agreement with management allowing them to deduct amounts other than statutory deductions from your wages?
Has the management stated the reasons in writing?
--“ I left institute by giving three months notice time resignation.”
Has the management supplied you the acceptance of your resignation, handing over of the charge, company property, FNF statement showing recovery?
Has the management supplied any demand, notice, legal notice before accepting your resignation?
--“Can they are having power to change the rules of service matter?”
Service conditions are stated in standing orders/service rules/appointment letter.
Obtain certified copy of standing orders/service rules, and relate with appointment letter and contention of the management.
Service condition stated in standing orders/service rules can not be negated to employee in appointment letter.
Employer is duty bound to comply with the applicable service rules, statue, and enactments.
--“ Now after that they have filed a case against me in civil court claiming the bond amount ( salary of 2 years + interest+ 5 lakhs penalty).”
One option is that you can negotiate with management as suitable to you and management can with draw the case.
If the case is contested the court shall finally decide the quantum of amounts if any.
You may approach a competent and experienced labor consultant/service lawyer specializing in such matters and well versed with univ. rules, with all records, documents collected/obtained/possessed by you, give inputs in person and spend some quality time with your lawyer, understand the merits, and proceed under expert advice of your lawyer.
Your lawyer may opine that he shall demand the service rules, univ. rules, and statues, to be produced by management in court. However you are under stress and hence you should strive to collect the docs which can fetch you relief.
Your lawyer shall decide the citations etc to be quoted. If your lawyer advices to settle the matter out of court with management you may proceed as deemed fit.
--“ They have also not given service book of any employee and when we demanded they denied.’
They are at fault and answerable.
--“ What about my salary for the three months which was not given to me and shown in my Form-16.” “I am having proof that salary not deposited in my account.”
Has the company supplied you Form-16?
Has the company supplied the salary slip of all 3 months pf notice and previous months of service to you?
Payment of Wages Act Sec 13A the salary slip should be signed by employee (confirming correctness of wages paid) and kept in record by employer for 3 years.
If this salary is collected/ deducted as deduction/penalty it should be reflected under head deduction/penalty and amounts earned by you under Salary should be reduced by this amount, and Form 16 should state the correct amount paid to you ( post deduction).
If company has shown this amount as payment of salary in Form16 without effecting the payment to you it is wrong.
You can lodge a complaint with jurisdictional CIT-TDS where company files return and where you file return.
Kindly obtain opinion from your CA/Income Tax Advocate and proceed under their expert counsel and as deemed fit.
If acceptable you may attach the copies of bond, appointment letter, notices, and court case etc, University rules for study leave.. in this thread. Kindly erase the names etc to maintain confidentiality.
Di d you try by meeting the Vice Chancellor on this matter and some one who commands exceptional level on univ. rules, matters e.g. Union Leader, personnel in admin, personnel dept etc…
Did you peruse thru RTI to obtain docs, rules which can prove that management is flouting the norms? You can achieve some handle on management with your efforts and this shall add to your defense as well.
Let your lawyer’s opinion be the final opinion on points discussed above.
--You may also go thru SE act applicable to your state e.g; SE Act Delhi:
(5) “commercial establishment” means………. educational or other institutions run for private gain,
2. Definitions:
(7) “employee” means a person wholly or principally employed, whether directly or
otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis)
(The SE Act act does not indiscriminate between workman or executive and the employee may not be necessarily be a workman to claim relief.)
(8) “employer” means the owner…………….means the manager, agent or representative of such owner in the said business;
20. DEDUCTIONS WHICH MAY BE MADE FROM WAGES.
21. CLAIMS RELATING TO WAGES30. NOTICE OF DISMISSAL:
COMMENTS
(a) Applicability of section 30:
In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954
(b) Notice or wages in lieu thereof under section 30—When to be given?
A plain reading of section 30 of the Act would make it clear that whereas the notice of one month under sub-section (1) is for the benefit of the employee, the notice under sub- section (2) is for the benefit of the employer.
(Implying if employer is keeping long notice period and if notice is initiated by employee it is deemed to be in the interest/benefit/favorable to employer and not employee, and thus employee can cite it.)
(Any clause which is in violation of the SE act may be claimed as void to that extent.)
33.RECORDS.
(d) Can an Inspector require an employer to produce the record in his office for inspection?
33. INSPECTION OF REGISTERS AND CALLING FOR INFORMATION
41. WILFULLY MAKING FALSE ENTRIES
42. DETERMINATION OF EMPLOYER FOR THE PURPOSE OF THIS ACT.
-- THE PAYMENT OF WAGES ACT, 1936
13A. Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.
Some employees by way of their proximity to employer/promoters/owners, sensitive info, position, access to influential and reputed personalities achieve some kind of handle on company. If you have a handle on company you may apply it and obtain payment of your dues.
--In the meantime kindly go thru the attachments.
Valuable advice of learned experts/members is sought.
