• Breaking employee bond

Hello,
I live in aurangabad. I was hired by a company in pune.They signed bond from me and took a chq of value Rs.1.0 Lac at the time of joining.I was hired as a system administrator for 2 years.After 4 months I left the company as salary was not sufficient for me to live in pune as I have family responsibility.I came back to home town. Now after 9 months the company send me legal notice to pay Rs.1.0 Lac in 15 days or they will take legal actions. I cant pay money and I can't live in pune.Please help me how can I get out of the situtation.
Asked 7 years ago in Labour

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5 Answers

1) reply to legal notice deny your liability to make payment

2) in case comapany files suit contest the suit proceedings

3) suit would take years to be disposed of

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

You did not in your query mention about issue of post dared cheque

2) if cheque is issued and dishonoured on presentation then complaint is maintainable under section 138 NI

3) reply to legal notice deny that any sum of Rs one lakhs is payable by you

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

What are the contents of employment bond.

The rule says that any such amount which has been spent on your training shall be repayable on resignation to the extent that is payable now.

Any type of Employment Bonds are nothing but a private agreement between two parties which are governed by Indian Contract Act. There is nothing called Employment Bond Act etc.

Such bonds are applicable only if the company has spent money on the personal grooving and enhancement of the employees, but not just a training that helps employees perform better.

As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void.

In India Bond is illegal in relation to employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes.

Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.

You can give a reply notice to the company about their illegal demand and can refuse to pay any amount. Please mention in the reply that the cheque in their possession was obtained by force and it is illegal to hold hence it may be returned since there is no legally liable debt between you and the company.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

But they have sent me legal notice under section 138 of Negotiable Instrument Act.1881

They presented cheque to bank on date 20/02/2017 as it was not having any date when I gave them(1 year ago)

What is the reason they state for having the cheque with them which was presented by them to the bank.

You should give a suitable reply denying their allegations and ask them to return the cheque since it is not valid and that you are not legally liable to pay any amount to them nor there was any consideration passed between you both.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. you have right to challenge this notice because at the time of leaving the company your liability has discharges. so presentment of cheque for encashment is void.

2. issuing of cheque is deemed to be discharge of liability u/s 142 NI Act. if there is no liability then no offence is made out under NI Act.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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