• Employment Bond

My daughter initially selected and joined as probationary officer in Andhra Bank Later she also got selected as Asst Manager in India Post Payment Bank.We requested the Andhra Bank for relieving in the light of DOPT instructions on enforcement of employment bond in the event of selection to another PSU .But authorities are insisted on bond obligations as DOPT instructions are not applicable to them.Can I file case for recovery of the amount paid to get relived and file criminal case for not allowing me join new post
Asked 6 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

Instead of pay. you should have approached HC for directions for trasfer of bond sitting DOPT rules. Official payment receipt given to you ?

Approach HC for recovery, no criminal case made out if you have received payment receipt. She should have given technical resignation.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

 

2) if your employer refuses and insists on payment of bond amount then you have to move court against your employer as it is refusing to follow guidelines laid down by govt

 

3) no need to file any criminal case 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Well termination from a job at the option of the parties is guided by the terms set in the appointment letter.

2. if there is a terms for payment on early exit from the job and if the sale is found to be not unreasonable and oblique then the same in bound to be adhered to.

3. SO without seeing the terms mentioned in the Bond it is very difficult to advise on merit of the dispute.

4. There is  no problem in joining the new job but to get relieving letter he needs to make payment and afterwards he can explore legal remedy to get back his money.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Employment bond is a contract which legally bound you to serve the company for a specific period of time or pay to the company the bond value in case of non completion specific period of service. It is totally legal. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Yes you can file suit for recovery but criminal case is not maintainable

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Join new appointment after adopting the proper procedure of resignation and file a writ before the Hon'ble High Court for forcibly trying to retain and blacking the better future prospect of a employee treating him/ her as a bonded labour, they will come on the right track otherwise will linger on the matter for a long time giving tension to you and your daughter. Ask relieving letter and transfer of the bond to other bank, which is a rule.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

First let she send her resignation letter to the bank authorities, they will give a reply to accept her resignation or not and also about the bond details, after which you cn plan further legal action on this.

In fact let she join the India posts appointment without relieving letter stating that the bank authorities are not giving the letter for this reason, by enclosing their letter to support her request for joining them.

After that wait for the developments and then plan to initiate appropriate legal action as necessary as per the prevailing circumstances

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been denied a right which has already been executed j. Your favour at the time of executing the bond and DOPT is surely applicable on them.
  2. You should Now fret gown then a representation seeking your relief and then see their reaction to it.
  3. If in negative or no reply within the span period of 15 days then I would advice you to file a Writ of Mandamus before the Hon’ble HC for allowing you join the other job as the decision is totally arbitrary and unconstitutional.
  4. Writ would be better for the present relief and then later on you have time to file the recovery suit also simultaneously.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Yes you can file a case against andhra bank for not following the DOPT guidelines regarding Transfer of employment from one PSU to another PSU. 

Also claim recovery of amount paid to them with interest.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer