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Abcd123456 (MGR)     17 October 2012

Service bond

Hi, I need some suggestion to get out of the problem. I was selected in MSEDCL (State govt power distribution company (PSU)). I completed the procedure of joining the company. There was a service bond for three years worth Rs. 75,000/-, which I signed at the time of completing joining procedure. After looking the work and future prospects, I was not feeling comfortable with that job. I did not work for even a single day there and returned home; decided to not to join that company. Then I got appointment letter of a PSU (Central govt U/T), which I feel better than MSEDCL and joined the company. Currently I am working with that PSU. Now the MSEDCL has sent me a couple of letters regarding joining the company, I replied them through letters, that I cannot join . I also met with the GM (Personnel), Head Office. He said that, "you have been terminated from the company". He did not ask me about the service bond money and told to collect my documents (which I submitted at the time of joining) from the division where I was appointed. Now, MSEDCL sends me the letters and asks to pay the service bond money plus salary of one month, otherwise legal action will be take against me. I am so disturbed by this problem. What should I do? Please help me to get out of this problem. Thanks in advance.


Learning

 7 Replies

Advocate Rohit (Advocate)     17 October 2012

since it is a legal notice. you need to respond to the same through an advocate otherwise it might turn into court case.

 

you need to provide copy of all the communications, appointment letter, service etc. based on which your reply could be prepared.

 

you may call me on 9324538481 for legal assistance.

 

Regards,

Advocate Rohit Dalmia

Mumbai

1 Like

Kumar Doab (FIN)     17 October 2012

You had accepted the offer and completed the joining process. The effort of the company on the recruitment process has gone waste.

You have acted in haste. Employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting in haste.

You have signed the bond by your free will.

You might be a trainee or probationer upon joining and clause on notice period/pay from your appointment letter should be checked.

If your services have been terminated you may check clause on notice period/pay in case of termination. Company might have declared you absconding and terminated. Abscondment is misconduct. Relevant Service rules should be checked.

Has the company supplied any termination order to you? Even if company has not, it must have inserted the copies of “couple of letters regarding joining the company” in your personnel file.

You may show copies of these letters, and your reply, appointment letter, bond etc to a competent and experienced labor consultant/service lawyer.

Have you expressed any good reason in your replies that can term the employer unworthy of being employed with?

Your lawyer shall help you to evaluate the merits and you may proceed under expert advice.

Your lawyer may suggest submitting a structured reply to suit you in the long run. Your lawyer may note that company has returned your original testimonials and has not issued any legal notice so far, and thus may suggest that if company initiates a legal action then only you may proceed. However you may take a qualified decision as deemed fit.

 

1 Like

Abcd123456 (MGR)     07 November 2012

 

 

Thanks for your reply.

I got another letter which is asking me to give the service bond amount of Rs. 75,000/- and one month salary as a notice period; i.e. around Rs. 30,000/-. Previousely they were just asking for service bond amount of Rs. 75,000/-.

I met with General Manger(Esstt) in head office and tried to convince him, but they are not ready to relieve me and may take legal action against me.

I wish this matter coulde be solved outside the court.

I am wondering that, if it is necessary to pay the money, is there any way to reduce some amount and pay the remaining amount in installments?

 

Thanks

Kumar Doab (FIN)     07 November 2012

It appears that you have not replied to the first letter/notice, hence the second letter/notice has been sent to you. If you don’t want to pay you have to contest. While you decide you have to provide inputs to your lawyer and show all docs.

Probably you want to negotiate however you are not able to do it on your own and the HR/personnel are unwilling.

You may approach a competent and experienced labor consultant/service lawyer, as ap and avoid delay.

You may also explore the possibility of transfer of bond if the rules permit it.

However do not disclose to first PSU that you are employed with another PSU, till you are able to settle the matter.

You may proceed under expert advice of your lawyer.

1 Like

Abcd123456 (MGR)     08 November 2012

Hi Kumar Doab,

Thank you for your quick response.

I had replied for thier first letter in which I told them that, I would not be able to join the company, so am resigning from the service.

Now they want me to pay the notice period amount plus the service bond amount. It is a big amount for me to pay.

 

 

Kumar Doab (FIN)     08 November 2012

 

You may show copies of these letters, and your reply, appointment letter, bond etc to a competent and experienced labor consultant/service lawyer, and give inputs in person.

Have you expressed any good reason in your replies that can term the employer unworthy of being employed with?

Your lawyer shall help you to evaluate the merits and you may proceed under expert advice of your lawyer.

Advocate Rohit (Advocate)     09 November 2012

You need not delay in replying the legal notice. The reply should go through an advocate so that the proper reply could be sent which could come handy for you incase the dispute goes to the court.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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