• Transfer of service bond

Dear sir,
I am currently working as a Senior Section Engineer( Trainee ) in Southern Railway. Now I got an offer of appointment from Indian Bank ( Govt. of India undertaking ) as Probationary Officer, For which I have applied before joining in Southern Railway. 

I want to resign from railway and join in Indian bank. 
But the railway authorities are not ready to give the resignation certificate until I refunding the cost of training. 

As per Railway Establishment Rule chapter XIV. (1410. Regarding the Refund of cost of training ) it is said that Non-gazetted Railway employees who have received training at Railway expense whether in the form of an induction training or in a specific avocation may be exempted from refunding the cost of training in the event of their selection to other posts under the Central or State Govt. or in Public Sector undertaking / Autonomous Bodies wholly or substantially owned/financed /controlled by the Central Government or a State Govt.

It was informed from Railway authorities that Indian Bank dose not belongs to the any of the above said category and showed their unwillingness to transfer the bond.
 Please advise me what should I do.
Asked 8 years ago in Labour

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5 Answers

Indian bank is substantially owned by the govt

It would fall in the category of PSU

Bond should be transferred to Indian bank

If railways refuse to do so file application before CAT to direct railways to transfer bond as per rules cited by you

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government. (DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)

CHAPTER II

PERSONNEL POLICIES

(c) Service Matters

29. DPE/Guidelines/II(c)/29

Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government.

The undersigned is directed to refer to this Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and 23.5.1981 and No. 17/20/84-GM dated 5.2.1985 on the subject mentioned above, which were deleted vide this Department’s O.M. No. 20(5)/95-DPE(GM) dated 10th December, 1997. After deletion of these guidelines, Department of Public Enterprises received references from various quarters for revival of these guidelines to enable them to regularize enforcement/ transfer of bond in the case of public sector employees joining services in Central Govt./State Govt./Autonomous Bodies. The position has been reviewed and after careful consideration, it has been decided to revive this Department’s OMs dated 13.6.1977, 23.5.1981 and 5.2.1985 with the following modifications:

(a) The bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.

(b) The terms of bond whereby an employee of a Central public enterprise receiving scientific and technical training out the expenses of the Govt./Public Sector Enterprises undertakes to repay this specified amount in the event of his failure to serve the enterprise for a stipulated period after completion of his training should not be enforced against an employee who leaves service of public enterprise to secure, with proper permission, employment under the Central Govt., a public enterprise or an autonomous body wholly or substantially owned/financed/controlled by the Central/State Govt. A fresh bond should be taken from the person concerned to ensure that he serves the new employer for the balance of the original period.

(c) To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.

2. All the administrative Ministries/Departments are requested to kindly issue necessary instructions accordingly to the public sector enterprises under their administrative

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Public Sector Undertaking (PSU) are the companies which are owned by public or in other words owned by Government of India. Either the State Government or the Union Government or both should own a majority (51% or more) of the equity shares in such companies.

2)govt of india owns 82 .10 per cent stake in Indian bank

3) the bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.

4) hence you are squarely covered by the said guidelines

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

The nationalised banks are fully owned by the government of India and Indian bank is one such bank which fully owned by government of India.

Further it is a public sector bank under the control of Central government.

You may ask your railway authorities to reject your application in writing quoting relevant rules, you can challenge the same legally.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Railway authorities told that, they will only transfer the bond to RBI & SBI. no other bank(PSB's) came under the category mentioned in the above rule.

is there any document to prove that Indian Bank came under the rule

Indian bank is a nationalised bank and fully owned by government of India.

Therefore it is under the control of central government through ministry of finance.

You can ask the railway authority to give it in writing so that you can take proper legal action on his seeking relief and remedy

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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