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uttamjadhav   02 January 2015

Terminated due to breaking of service bond

Gm ,

I had signed Bond with Godrej for pursing higher education on July 2013. My class was started from Aug 13 and I miss few initial class then institute cancel my application for current batch and transfer me next year batch july 2014. mean while I have resigned the service on Dec 2013 . And I have completed all the reliving formalities with company except service bond. I have agreed to give 1.5 month notice period and remaining 1.5 month salary pay by cheque to company I did all. But company demand me to pay 250000 as bond value then he will relive me. I have requested to continue education ( as it is distance learning course and only on Sunday batches) but company not agrreed to continue me. Company said we have paid tution fee and you have to pay back us. Now I was in conflict with out completing education how can i pay full amount to company. In bond company has agreed to complete my education. I had requested to give me fee paid proof against me to institute and NOC so I can continue my education and pay u tution fee. company didnt agreed. and now after one year in dec14 company send me termination letter due to non conflling service bond. As well as return of cheque of money paid against notice period of 1.5 month. Yet I have not received my reliving letter , experianace letter ( 4 year) and PF .

What can I do ??

Can I challenge termination letter ?? 

And how can I get my reliving letter , experianace letter ( 4 year) and PF.

In short How can I RESOLVE THIS MATTER AS SOON AS POSSIBLE.



Learning

 5 Replies

Kumar Doab (FIN)     02 January 2015

You may show the documents on record starting from job advt,job application,interview call letter,selection letter,offer letter,appointment letter,service agreement/BOND, resignation letter, termination letter, acknowledgment of handover of charge,copy of notice period tendered by you, copy of communications demanding notice of resignation,acknowledgment of notice of resignation tendered by you,acknowledgment issued for cheque of notice pay by you,demand of BOND value when you tendered resignation, copy of communication by Univ. transferring you to next batch of 2014 and cancelling your admission due to shortfall in attendance, your communications to let you complete education and demanding proof of fee paid, company's reply stating that it has paid your tution fees,,and any other communication record ......................to your Labor Law consultant/service matter lawyer and understand the merits and options and remedies before you proceed further and start writing to your company.................

The reply to the termination letter should preferably be issued thru your able lawyer.

 

Has the company returned the  same cheque that was submitted by you for notice pay or it had banked and encashed your cheque and has now refunded the amount of notice pay by its cheque?

Did the company issue acknowledgment of notice of resignation and also acceptance of resignation and issue any communications asking you to handover company property/handover the charge/obtain NOC/NDC............submit notice pay/Bond value........?

Did it issue FnF statement showing the adjustment of notice pay, earned wages,leave encashment,bonus, Gratuity etc...........and supply the PF passbook or a/c slips and PF number?

Did you download PF rules of the company and does it have its PF trust or PF is administered by EPFO?

Did you submit PF withdrawal/transfer  forms and do you have the acknowledgment?

Did the company decline  to disburse your PF?

Is it stated in PF rules and BOND signed by you or in service rules  that PF can be adjusted against dues from employee?

 

You seem to right in demanding the proof of payment of  fee from the company as fee for distance learning courses is usually low and if it is say thru ...................IGNOU................it might be peanuts!

Moreover since it was distance learning course and classes  were on Sundays ,..............hence there was no conflict with duty hours and company was not affected........

 

It is not a case in which company can fetch profits from distance learning course and hence BOND drafted fro employee..... 

 

YOur lawyer may also opine that liquidated damages are not neccessarily to be paid on demand and may have to be proved...............................to point out that there is no possibility and mechanism of calculating the damages..................................and /or pleaded that the clauses of the bonds in question were unfair, unjust...........

 

 

You may find following threads and following judgement, legal points and legal interpretations relevant and useful........................... 

 

 

https://www.lawyersclubindia.com/forum/Non-payment-of-indemnity-bond-109189.asp#.VKY3r6KUcqM

https://www.lawyersclubindia.com/experts/Payment-of-indemnity-bond-419196.asp#.VKY4H6KUcqN


Delhi High Court
M/S. Sicpa India Limited vs Shri Manas Pratim Deb on 17 November, 2011

https://indiankanoon.org/doc/116592600/

 

 

Your lawyer may also opine to contest the termination order terming it as bad and to call it back and also to contest the Notice period/pay of 60 days that may not neccessarily be applicable in your case and that correct notice period/pay applicable in your case is max. 30 days in line with enactments applicable to the establishment e.g. (name of the state) Shops  and Commercial Establishments Act, Standing Orders (certified/Model)........


Attached File : 726827285 sicpa india ltd vs shri manas pratim deb.doc downloaded: 80 times

uttamjadhav   04 January 2015

Kumar Sir , I have I all document and communication emails with me. like all the doc of question asked by you

You may show the documents on record starting from job advt,job application,interview call letter,selection letter,offer letter,appointment letter,service agreement/BOND, resignation letter, termination letter, acknowledgment of handover of charge,copy of notice period tendered by you, copy of communications demanding notice of resignation,acknowledgment of notice of resignation tendered by you,acknowledgment issued for cheque of notice pay by you,demand of BOND value when you tendered resignation, copy of communication by Univ. transferring you to next batch of 2014 and cancelling your admission due to shortfall in attendance, your communications to let you complete education and demanding proof of fee paid, company's reply stating that it has paid your tution fees)

Yes company returned the  same cheque that was submitted by me for notice pay. It has not banked.

Company issue acknowledgment of not

ice of resignation But stated as acceptance of resignation will be after paying short fall amount and bond money .

Company issue communications asking me to handover company property/handover the charge .

Now I layer saying that we have right points as well as the Said Bond is not applicable due to validitiy period as well because it has been on date 8 Jan It is purchased on 11 Jan and executed on 13 july so it crosses 6 month and in Maharashtra stamp of 100 rupees is not valid if it not executed within 6 months. Is it right ??

He advice me to reply termination letter on email again stating all previous communication and after company reply we go ahead by writing email with lagel procedure ?

what should I do ??

Kumar Doab (FIN)     05 January 2015

Labor Law/Service matters is altogether different field of law and in each city there a a few Labor Law Consultants/Service Matters lawyers /Law firms that deal exclusively in such matters and usually such matters are referred to them...............................You may consult such lawyer...........and show all docs on record........and give inputs in person......

 

Yes your able counsel can draft a fitting reply that can be submitted by you/your lawyer and depending upon the reply you can proceed further or your company can proceed further after getting your reply.......

 

YOur lawyer that has examined all docs on record and inputs can advice you the best. 

uttamjadhav   05 January 2015

Yes company returned the  same cheque that was submitted by me for notice pay. It has not banked.

Company issue acknowledgment of not

ice of resignation But stated as acceptance of resignation will be after paying short fall amount and bond money .

Company issue communications asking me to handover company property/handover the charge .

Now I layer saying that we have right points as well as the Said Bond is not applicable due to validitiy period as well because it has been on date 8 Jan It is purchased on 11 Jan and executed on 13 july so it crosses 6 month and in Maharashtra stamp of 100 rupees is not valid if it not executed within 6 months. Is it right ??

He advice me to reply termination letter on email again stating all previous communication and after company reply we go ahead by writing email with lagel procedure ?

what should I do ??

Kumar Doab (FIN)     05 January 2015

Yes your able counsel can draft a fitting reply that can be submitted by you/your lawyer and depending upon the reply you can proceed further or your company can proceed further after getting your reply....... YOur lawyer that has examined all docs on record and inputs can advice you the best.

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