What is your establishment: a Govt. company/PSU/Industrial Establishment/ commercial establishment……?

You are in which state?

In which state is redg. office /HO of the company?

The company must have displayed its registration certificate near entrance/on notice board.

You have posted that:

---“ i put my resignation on feb 3rd and was released on the very same date as company dont want me to continue as i was on bench.”:

“should i have to pay this notice pay recovery amount as i didnt got any salary for the notice period(which is from feb 3rd to march 3rd) as i was released by the company before that?does this notice pay amount actually means the basic pay during that one month period?”

Did you tender notice of resignation i.e. did you mention that as per clause number………in appointment letter dated…………you are submitting notice of………..days/notice period from dated…………to dated………and your effective date of resignation/last day in office thus your date of retirement shall l be dated………

If yes, you can term the acceptance of resignation as unlawful and ask the company to withdraw its acceptance also.

Supreme court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers ...

‘11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.”

---“ as company dont want me to continue as i was on bench.”:

What do you mean by it: were you laid off during this period?

If yes has the company stated so in writing or has the company stated in writing to remain out of office?

The purpose is to find out the grounds which can be termed as misconduct/unfair practices to term the employer as unworthy of being of employed with……….

---“ now company is asking me to pay bond amount + notice pay recovery amount .”

Have you signed any bond? Has the company supplied you certified copy of the bond?

What is the reason and ground for creating this bond?

Did the company mention in its job advertisement that selected candidates shall be provided training in skill areas like…………..have to sign a service agreement/bond for …………days for Rs………

Did the company provide any training or you were working as regular employee?

---“ does this notice pay amount actually means the basic pay during that one month period?”

What is the rate of notice pay mentioned in appointment letter : Basic + DA, Gross, CTC?

---Did the company recruit you as Trainee/apprentice under management’s standing orders or under apprenticeship act and did it mention the apprenticeship act in appointment letter issued to you?

Did the company ask you to sign the format for registration of apprenticeship agreement from the o/o Apprenticeship Advisor?

THE APPRENTICES ACT, 1961

As per this Act and Apprentices should enter into written contract for apprenticeship. Every contract of apprenticeship is to be registered with Apprenticeship Advisor who will register the contract

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer specializing in such matters and show job advertisement, interview call letter, selection letter, offer letter, appointment letter, bond, communication of the company putting you on bench, stinkers/notices, appreciation letters, resignation letter, resignation acceptance letter, demand to pay bond amount+ notice pay etc, spend quality time with your lawyer, give inputs in person, understand the merits and proceed under expert advice of your lawyer.

In the meantime you may go thru the attachments.

Valuable advice of learned experts/members is sought.