• Bond transfer from PSU to Central Govt. Group A Gazetted Service

Sir,
I am a trainee receiving the technical training in CATC Allahabad institute of Airport Authority of India. I have submit a bond of 5L during the joining. I have just joined AAI on 18 Jan 2016 and now want to leave job for higher career opportunity in O/o CGPDTM, DIPP, Ministry of commerce & industry, GoI, as a post of Examiner of Patents & Designs, a Group A Gazetted, General Central Service. I have read that there are some Dpt of Public enterprises (DPE) and DoPT guidelines regarding bond transfer from a Govt. owned enterprise to Central govt. But now AAI asked bond of 5L+training cost only for a week training. What are options for me. how i have proceed in this issue. help me.
Thanking You...
Asked 10 months ago in Labour from Allahabad, Uttar Pradesh
Hello,
1)You have the right to get the Bond to another PSU or Central Government undertaking. 

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

3)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.
Ref:Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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Enforcement/Transfer of Bond in PSU's
Government of India has has come out with the ciruclar regarding the Bond Enforcement in PSU Companies. As per the circular, if you change jobs within PSUs, within the stipulated bond periods, you are not supposed to pay the bond amount... the bond amount is just transffered from one employer to the other provided that the employers are PSUs. Details of the circular are as given below -


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 control.

(DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
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you should rely upon circular  reproduced herein above and request for transfer of bond 

in your case you are leaving AAI to  join ministry of commerce . hence bond can be transferred 
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1. Read the terms of the employment and the service conduct rule of AAI carefully to find if there is any clause for bond transfer for central govt. jobs,

2. If not, then you shall have to pay for thr Bond amount and the amount spent for your training,

3. In this regard you can also file an application to the appropriate authority for waiving the liability to pay the Bond amount as a special case since you have hardly worked with AAI.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
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Once you have executed the contract i,e bound you are bound to honour it. The institution is entitled to execute the bond against you if you are to drop out. The contract comes into existence the moment the parties sign on the dotted line. It is immaterial if you have been trained for a week, day or month. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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