miak (Others) 18 May 2013

Service resignation from my side

Dear all

I am Miak Khan and I am an engineer by profession and have been working in a PSU for past 10 months. I passed out in 2010 and hve joined NALCO in March 2011 but within a month I have to leave the organisation.

My case:

I joined on 31st March 2011 in NALCO, Bhubaneswar as a Graduate Engineer Trainee. I signed a bond of amount Rs 3 lac for the period of 5 years. My father was the surety. Our batch comprises of 40 students.

Initially there was 2 weeks training in Bhubaneswar where they provided lodging and lunch and snacks for free during office days. The training was abt company know how by in house faculties. After 2 weeks they took us to Angul in their plant by bus and kept their for 1 week and provided Rs 10,000 cash which was used to clear our hotel bill for 7 days. Then we returned by our own arrangement. Then they took us to Damanjodi for another round of training in their plant for 7 days. They kept us in a hostel and we paid for our food. The ticket was paid by us. Then they provided us transportation for Vizag but we returned on our own. In Bhubaneswar, they did corporate training for a week. On the last day, we were to attend a final interview for our proper posting and the previous evening I took my luggage and came home.

Reason: I am a physically handicapped person. When I saw the plant I found it very difficult to work given my condition. Moreover, the remote environment was making me sick as I was wondering how could i live there when I didnt know even to ride a bicycle. In Bhubaneswar, I tried for leave so that my exit would not look so bad but my boss denied. My uncle was suffering from cancer then and he died in 2012 and on that reason also I ask them for leave and they denied. So, I left without informing them. Then I sent a resignation letter by post.

In the mean time I switched to another PSU with no service bond and worked there for 1 yr and 3 month and then I left because of the same reason. Now I am working another PSU near my home and I am happy. I have signed a service bond of Rs 3 lac for 5 years here.

Recently, NALCO has communicated through speed post that I pay them Rs 28000/- as my training expense and get relieved from the job or face legal actions. I hardly get Rs 28k in my present job and I am in a fix what to do. I decided not to receive their letter at first but unfortunately someone in my home took it. They first send me the notice on February and followed by a reminder today i.e. 18th May, 2013 which is 2 years after I left that company. I dont know how to proceed as I dont want to pay them. Moreover, I dont know how did they come to this figure of Rs 28000/- to be paid.

What I want to know?

What could be the worst case scenario for me? And according to law, is it that I must receive 3 notices and then legal actions will be taken. If legal action is taken what kind of legal action will be taken? Will it hamper my career? Can I be imprisoned or other bad nightmares can come true. Or it would be that they would send the same notice through court. How much wise it would be to ignore any further letter if they send and do not receive it. Please help me get out of this mess and I am not that rich and I am very much disturbed.

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1 Replies

Kumar Doab (FIN) 18 May 2013

It is felt that you may pay the amount, obtain your proper relieving and close the matter, forever.

You have posted that:

------“I joined on 31st March 2011 in NALCO, Bhubaneswar as a Graduate Engineer Trainee. I signed a bond of amount Rs 3 lac for the period of 5 years. My father was the surety. “

It is believed that you joined as apprentice/trainee as per Apprenticeship Act and company mentioned in its job advertisement, appointment letter etc that a bond has to be signed……….

Apprenticeship Rules, 1992

In exercise of the powers conferred by, subsection (1) of section 37 of the Apprentices Act,1961 (52 of 1961) and after consulting the Central Apprenticeship Council, the Central Government hereby makes the following rules in supersession of the Apprenticeship Rules,1962………….

6. Registration of Contract of Apprenticeship

13. Grant of leave to apprentices:

(2) In establishments where proper leave rules exist for workers, the leave to apprentices shall be granted by the employers in accordance with those rules.

SCHEDULE -IV

(See Rule 9)

SCHEDULE-V

(See Rule 6)

Obligations of Employer (both in the case of Major and Minor Trade Apprentices).

(Under section /I of the Apprentices Act, 1961)

Obligations of Trade Apprentice (both in case of Major and Minor Trade Apprentices)

(Under Section 12 of Apprentices Act. 1961).

5. In the event of premature termination of contract of apprenticeship for failure on the part of the apprentice to carry out the terms and conditions of contract, the surety or the guardian may be bound to pay the employer such amount as may be determined by the Central/State Apprenticeship Adviser as and towards the cost of training in accordance with rates as specified under rule 8 of the Apprenticeship rules,1991.

9. The first six months of the period of apprenticeship training shall be treated as period on probation. Either party may make as application to the Central/State Apprenticeship Adviser for the earlier termination of contract and when such an application is made the party making the application shall send by post a copy thereof to the other party to the contract. The Central/State Apprenticeship Adviser after considering the contents of the application and objectives, if any, filed by the other party, may terminate the contract, if he is satisfied that the parties to the contract, if any, of them have or has failed to carry out the terms and conditions of the contract and that it is desirable in the interests of the parties or any of them to terminate the same. Provided that the amount as stated in paras 1(6) and 11(5) of this schedule shall become payable by one party to the other accordingly as the failure is on the part of the employer or the apprentice:

11. Any disagreement or dispute between the employer and the guardian of the apprentice arising out of the contract shall be referred to the Central/State Apprenticeship Adviser, for decision and any person aggrieved by the decision of the Central State Apprenticeship Adviser, may within 30 days from the date of communication to him of such decision, prefer as appeal against the decision to the Central/State Apprenticeship Council and such appeal shall be heard and determined by the Committee of that Council appointed for the purpose. The decision of such Committee shall be final.

------ The Organization must have placed on its website the special provisions for Disabled regarding posting etc……..

You can also go thru laws for Disabled and NGO’s supporting Disabled and they may suggest some resolution and recourse.

The Special Laws for disabled persons:

a) The persons with Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995

b) The National Trust for Welfare of persons with Autism, Cerebral

Palsy, Mental Retardation and Multiple Disabilities Act 1999

c) Rehabilitation Council of India Act, 1992

d) Mental Health Act, 1987

The commissioner is required to take steps to safeguard the rights & facilities available to persons with disabilities.

As per Section 59, without prejudice to the provisions of Section 58, the Chief Commissioner may of his own motion or on the application of any aggrieved person.

You may go thru very informative publications at:

---(https://www.ncpedp.org/policy/pol-sucs02.htm

N.C.P.E.D.P. has set up Disability Law Units at the State level to ensure that its objectives are taken forward. Contact: legislation@ncpedp.org)

Disability related court orders on:

3. Employment related court cases

You may approach actvists: Disability Rights Group, and Javed Abidi, (the director of the National Centre for Promotion of Employment for ...People (NCPEDP) in India, and the founder of the Disability Rights Group.)

N.C.P.E.D.P. A-77, South Extension Part II, New Dellhi 110 049, India.
Phone: +91-11-26265647/48; Fax: +91-11-26265649; E-mail:secretariat@ncpedp.org

You may look into threads for special laws for Disabled e.g;

https://www.lawyersclubindia.com/forum/On-law-to-preotect-the-disability-80774.asp#.UZehu6KAqWM

Valuable advice of learned experts/members is sought.

Attached File : 933856722 apprenticeship rules1991.doc, 933856722 mentally retarded and disabled laws and rights dis faq.pdf downloaded: 111 times