See since you paid amount in lieu of same you can file a suit to recover the amount since no bond such as was signed by you.
Applicability of Service Bond
Hello, I was working with a PSU Bank. Service bond was applicable for three years or in liew payment of Rs. 2.50 lacs was to be made. However the bank missed getting the legal document / bond agreement signed from me at time of joining. hence no such valid document is available with the bank. I left the organisation and paid 2.50 lacs, given that the next opportunity was to be captured. Further i was not provided with any formal training by the bank, except for if we may consider ON THE JOB. Now what is legal aspect in above situation and how can i claim the amount back.
Asked 6 years ago in Labour
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10 Answers
1. Issue a Legal Notice to the Bank, to return your money alongwith interest, within 10 working days, stating that you inadvertently paid the money due to some misunderstanding and that you have no legal liability to the Bank for the Bank to receive such money from you.
2. IF the Bank fails to comply, THEN file Civil Court suit for Recovery of your money alongwith Interest & litigation costs.
Sue the bank to recover Rs 2.50 lakhs paid by you
2) take the plea that company did not spend any money on your training and you have not signed any service bond
You need to file a suit for recovery of the said amount from bank
If you have paid the same that means you accepted the liability and paid the same.
However, you can send a legal notice and make a case that the said amount was forcefully taken from you and that now you seek refund.
if they do not reply to the legal notice then in that case you can file a suit for recovery and claim the money from the bank.
Regards
1. Unless you have paid the amount under protest you cannot maintain a suit for recovery of money.
2. That you paid the amount demanded by the employer shows that you have submitted yourself to the contract of employment, hence you cannot recover it unless paid under protest.
You can file recovery of money Suit .
Issue a legal notice through an advocate and file recovery suit
1. You should not have paid the amount if joining agreement was not signed by you.
2. And if you have paid the amount the it show that you have accepted the terms of joining letter hence you cannot claim amount on this ground.
Why you have paid the amount, Even if document may not have delivered to bank, it must be in there service rules.
Well, can file recovery suit, onus on bank to prove bond price was mandatory and agreed by you.
You have already agreed to the conditions and paid the amount to the authorities on resignation.
This clearly implies that you have accepted and agreed to the terms of employment and resignation without any objection to the demands made by the authorities while issuing you the relieving letter.
Thereby, in my opinion, you have lost a chance to demand the same when you had an opportunity, hence it may not be maintainable if the authorities reject and you may take up the case through court for recovery.
