• Employment Bond

Dear Sir/Madam

I am working in state electricity board at Post of Junior Engineer. At the time of joining, bond agreement was signed in which it was mentioned that i have to serve the Nigam for 2 years after successful training( 1 year) failing which i have to deposit all salary plus 9% interest. A month salary was also submitted at the time of joining in the form of DD saying that this will be refunded after serving the Nigam for 3 years. No special training was arranged for us. I am working in the Nigam since October 2016.

Now i am selected in the same Nigam as Assistant Engineer through external recruitment. I applied for the post through proper channel. So my question is do i need to pay bond money which is almost 7 lakh :(? Please suggest me what should i do?
Asked 7 days ago in Labour from Sonipat, Haryana
Service bond is in lieu of securing expenses borne by the recruiter/employer, towards the special training and skill inculcation of the concerned recruit/employee. 

If not specialised training etc. was provided to you have proof to substantiate the same, they cannot forfeit the bond amount. In fact when you challenge the bond, the onus will be on them to substantiate that they incurred expenses cumulating to Rs. 7 lacs in extending you a specialised training specially designed for you and the other fresh recruits.

If there is no training, you are not mandated to pay them. 
Vibhanshu Srivastava
Advocate, Bangalore
2973 Answers
16 Consultations

4.9 on 5.0

Hi
You can apply for your releasing orders from the post of J.E by mentioning the fact of selection as A.E. Then if the Nigam releases you to without the payment of bond amount ,it's their decision.
Still if they ask you to pay the bond amount then you can file a suit by mentioning the fact of selection as A.E and state that you are not leaving the job of J.E due to any disability or your negligence , you are leaving the job as you will now serve the Nigam as A.E. 
Thank You
Rahul Jatain
Advocate, New Delhi
423 Answers

5.0 on 5.0

there is a DPE Guideline which lays down that in case if an employee is shifting from a PSU to PSU or government the service bond should be transferred to the new employer. 

in your case you are seeking appointment in same SEB . yo  will not have to pay bond money 
Ajay Sethi
Advocate, Mumbai
38779 Answers
2174 Consultations

5.0 on 5.0

Hello,

Since you are changing your post in the same organization therefore the bond as signed by you earlier will extent to the present post.
You are not liable to pay the bond amount, you may request the department to do the same.
Be that as it may, if the department refuses to agree with the same then also you do not have to pay the bond amount since no training was imparted by the department on you and therefore they can not take the bond amount for the fact that you are joining the same organization.

Regards 
Anilesh Tewari
Advocate, New Delhi
4666 Answers
61 Consultations

5.0 on 5.0

Hi, kindly share the details of bond or employment agreement  , for proper  guidance 
Hemant Chaudhary
Advocate, New Delhi
1882 Answers
7 Consultations

4.9 on 5.0

Then in that case you will have to pay the bond OR you may quit without paying the bond and as  and when legal action is taken by the department you an fight the case. 
But I would not advise you to do the same.

Regards 
Anilesh Tewari
Advocate, New Delhi
4666 Answers
61 Consultations

5.0 on 5.0

you are not claiming  any benefit . you are employed with the same nigam . hence you are not liable to pay the bond money 
Ajay Sethi
Advocate, Mumbai
38779 Answers
2174 Consultations

5.0 on 5.0

Here benefit must be the experience of previous job will not give any advantage in selection as A.E , but you have already been selected as A.E
So try confirmation of payment of bond amount from the Nigam authorities.
Thank You
Rahul Jatain
Advocate, New Delhi
423 Answers

5.0 on 5.0

Ok.

But, you can take your chance of challenging this service bond. 
Vibhanshu Srivastava
Advocate, Bangalore
2973 Answers
16 Consultations

4.9 on 5.0

Dear Client,

There must be some clause in the recruitment rules of NIgam, check and silent on above point that u may need to approach the High Court if adverse order passed. 

But as u r in same department, they might not penalize u.

Yogendra Singh Rajawat
Advocate, Jaipur
637 Answers

4.9 on 5.0

Since you have obtained NOC for this new appointment and have applied for the new assignment through proper channel, you can seek technical resignation so that the same bond can be continued for the new job and also your previous service can be counted or recognised.

For further enquiry you may contact your top management or establishment section for more clarity on this.
T Kalaiselvan
Advocate, Vellore
28780 Answers
299 Consultations

5.0 on 5.0

In the advertisement of AE the Nigam mentioned that no benefit of previous job ( internal employees) would be given to the selected candidates of Nigam. :

The service bond can be transferred to the new assignment also, you may enquire about it and revert if you dont find any proper reply so that you can take it up legally based on the employment offer letter.
T Kalaiselvan
Advocate, Vellore
28780 Answers
299 Consultations

5.0 on 5.0

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