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Shayan Khan (B.com)     24 December 2013

Left the nationalised bank without payment of bond money

Dear Experts,

I had joined one of the nationalised bank in 2011 and worked for 16 months. Before joining we were told to sign the Bond along with surety of Rs.150,000 that u have have serve the Bank for Minimum 3 years. I am basically a Physicaly handicapped person and could not handle the pressure of job and long working hours and then my bosses said that i should resign and they will apply for waiver of my bond money as a special case. later, the HO has declined my resignation and transferred me to another state. due to my physically prblems i did not want to join the transferred post and i didi not report the duty. Now i got a notice from a lawer of the Bank to pay the Bond Money otherwise legal action will be taken.

I m unable to pay the Bond money due to my financial conditions as this is really a huge amount. What can i do now? should i ignore the letter or any thing else should i do?


Please help..



Learning

 4 Replies

Kumar Doab (FIN)     24 December 2013

This is as per the limited information posted by you.

 

The transfer order seems to be effected after submission of resignation.

 

In case of Physically Handicapped person there are rules that have been framed and are in place.

 

These rules should be available on website of the bank and union.

There are judgments establishing rules and laws in case of transfer of handicapped persons.

The rules and judgments are attached for your reference.

 

Then there are enough publications of rights of persons with disability.

 

If there is any violation of the rules then you may succeed to claim bias, and malafide in transfer.

 

Even if the bond is signed the liquidated damages stated in the bond are to be substantiated.

 

The service agreement/Bond drafted by the bank should be in lieu of some extra ordinary favor/training by the bank.

 

Has the bank incurred some expenses on your training?

 

The conduct of your superiors is bad as they have asked to resign.

 

They should have restricted and limited the working hours to prescribed working hours.

 

Did the bank ever stated in writing to do OT, record actual working hours/day and recorded OT and paid OT?

 

Did you ever placed your grievances in writing on record?

 

The CCTV footage of the bank should be able to prove the unauthorized working hours/OT.

 

All of this must establish that your employer and superior violated its own policies/rules and bilateral agreement signed with you, can be charged for misconduct are unworthy of being employed with, hence in such a case the notice period/pay, liquidated damages stated in Bond should not e applicable.

 

You may show the job advertisement, job application, selection letter, offer letter, appointment letter, standing orders applicable to the bank, Service rules and transfer policy of the bank (that should be available on the bank’s website and also on website of bank employee’s union), copy of resignation posted by you and its acknowledgment, declinature of resignation, transfer order, legal notice sent by lawyer of the bank, and any other communication and give inputs in person to a competent and experience labor consultant/service lawyer and also seek guidance and support from your bank employees union and separate union if any for PH employees.

 

You must get some remedy and relief.

 

 

 


Attached File : 84546643 417759075 validity of employment bonds.pdf, 84546643 background paper.pdf, 84546643 ttansferrelatedcirculars.docx downloaded: 303 times

Kumar Doab (FIN)     24 December 2013

Put the incidences, facts, and documents in order and approach your lawyer without any hesitation.


Attached File : 84546643 v.k. bhasin vs state bank of patiala and ors. on 3 august, 2005.pdf, 84546643 a.s. pattabhiraman vs state bank of india on 22 december, 1993.pdf downloaded: 292 times

Sudhir Kumar, Advocate (Advocate)     31 December 2013

well elaborated by Mr Kumar Doab

MANOJ GUPTA (MANAGER)     11 March 2014

Did You joined the bank as an officer or a clerk ?

 

In PSU banks Clerk staff have regulated working hours, but for officers, as per service condition, there is no regulated working hours, and once can be asked to work for unlimited hours.


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