Indemnity bond civil suit

Contact a local advocate and file a suitable written statement.   Collect all the documentary evidence where you have explained your inability and constraining circumstances under which you have resigned for a job you have got through competitive examination.   First, inform as to whether you have taken up another appointment after resigning from Andhra Bank.  If you have not joined another bank, please fight as your case may bring a landmark judgment for those who are suffering under two constraints,  family and career where both are essential for a middle-class wife.  Also, get some information from RTI as to how many persons were transferred or appointed at the place where you have requested transferred on spouse grounds to show that there was a vacancy, someone other than you was posted.  Though it may not be strong, there is a ground of bias in posting some one.

Before filing a suit against you, Bank must have given proper notice. Whether any such notice is received and what was your reply.  If on receipt of legal notice from the Bank itself, had you tried to contact the HR Department and got the matter settled, it would not have come to the level of a case being filed by the Bank against you.

Further, having joined a bank you must have signed a Service Agreement, which contains many provisions under which the Employment is governed inter alia notice period which the Employee should follow for resigning and amount payable in lieu of the notice.  Therefore, please verify the records first before trying to fight with the bank. If there is a provision for the Employee to pay the amount while resigning without notice, the bank is correct in filing the suit, and winning a case in such circumstances is very remote.

Now Andhra Bank is no longer in existence and is merged with Union Bank and you need to discuss the matter with the HR Department concerned in Union Bank and get the matter resolved. 

I have a the list of transfers that were given to many candidates but not me. I have replied to all the show cause notice and legal notices of the bank, explaining the situation of non continuation of the services. I haven't joined any government job, I haven't asked for relieving letter as well.  The bond is one sided and has no provision for employee grievances. I sent requests multiple times even before joining the bank. I had a small kid (1yr) old at that time, so, could not continue further. I was with the bank only for 3 months. After all harassment, I had to leave the bank. 

Madam,

Present position is that bank informed that they filed a case against you. Have you received Summons from the Court concerned?

Find out exact position as to whether bank really  filed a case in a Court of Law or merely sending threatening letters as a strategy to get the amount from you. 

If case was in fact filed in the Court by the bank against you,  you need to file a reply in the Court duly engaging a reliable and competent Lawyer and fight out the case to its logical end.  Otherwise, the case may be decided ex-parte in favour of the bank in which case you have to appeal in a Higher Court.

Contact the HR in person, seek appointment of higher officials like Deputy General Manager or General Manager and explain the position to such high Official. In all probability bank may decide not to press for payment of amount in lieu of Notice.

Yes, The bank has filed a case against me for recovery of the amount. I got a summon from the court for this, but, they have intentionally or unintentionally not attached the complaint. I don't think the HR will pay any heed to this, as they didn't even pay any heed when I was an employee and requested transfer to my husband's place more than 10 times. I am not in Hyderabad , so My going to the bank's DGM is not possible for me. Does the bond translates to kind of Bonded labour , were the employee has to work in whatever conditions the bank provides. And in case, he/she refuses, the bank will ask for money. 

Madam,

It's too late to ask all these questions. After one gets a job,  posting is subject to the administrative exigency of the Employer and Employee can only request but cannot demand posting to a particular place, as a matter of right.You must have signed a Service Contract agreing to all the terms and conditions inter-alia payment if amount in lieu of notice before resignation. Now that a case is already filed, the only option open to you is to ensure that it's not decreed ex-parte in favour of the bank without hearing your side of the case. So, engage a good and reliable Lawyer and appear before the Court with all valid points in your favour.  Also make time to meet higher officials of the bank to place before them valid facts to get a decision in your favour. May be an over zealous HR Official got the case filed which needs to be presented in its proper perspective before his higher authorities.

Sir, 

I understand that posting can be requested. But, forcing employee to work in inhuman circumstances in Unjust.  Many people were posted in Bangalore , but, not me. 

Does the bond translate to bonded labour for 3 years ?? Whatever conditions are written in the bond, are totally one sided, favouring the bank in all aspects.  Also, the bank has not incurred expenses of 2 lacs Rs. on me that I pay them. Isn't it necessary for them to prove their expenses to demand 2 lacs from me ? 

What is the ground on which the suit for damages has been filed? Were you given any specialized training involving extra expenditure on the part of the Bank? In a proceedings before the Court the defendant need to focus on the pleadings and averments advanced. In my understanding, the alleged harassment which you may have undergone may not be much relevance. 

I haven't gone any special training , only job training. That training was for all, so that we are able to work in bank. Demanding the sum of 2 lacs after forcing to leave the job due to multiple harassments. Is it fair to give unfair working conditions and expect to continue otherwise pay the bond amount. Does it not mean that Bank has upper hand in everything and employees are bonded to work as they want, without even considering a request (agree or deny whatever). I have all the pleadings for transfer I have sent to the HR, the bank seems to have No responsibility for the employees but earn from recruiting employees (chase them for money, when they don't sustain the torture by the bank). 

At this point focus on remedy, contact a local advocate, and prepare the counter and give a befitting reply.  The bank might have served you with the necessary documents.  It is true that the Bank has to incur expenditure for the recruitment process as it is outsourced.  It is difficult to find alternatives when all PSU banks are now being managed with a skeleton staff.  First file counter and also inquire as to the defense being followed in similar cases initiated by the Bank.  as your case may not be the first one.

You have the only option to contest / defend the suit through a local prudent lawyer, if you do not want to pay indemnity amount, as per bond executed by you.

You have adequately been advised by experts which I endorse and appreciate.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.