Bond money to be paid due to resignation from company
I have joined a Coaching Institute FIITJEE on 1st June 2014 after qualifying 5 rounds of selection procedure.On joining, I was made to sign bond with one person acting as a surety on stamp paper of Rs 500.
In brief, terms of the bond agreement were as follows
The bond is valid for three years. As per the bond
If one leaves the company before 3 yrs. He has to pay expenses on training incurred by fiitjee + training months salary.
Even if one wants to leave the company within 3 yrs, he has to serve the 6 month notice period and have to intimate the FIITJEE in the month of November so that he gets relived by June (when FIITJEE's academic year ends).If he leaves without serving the full 6 month notice period, he will have to pay some more money.
Two Cheques worth above mentioned amounts were also collected .
One year before joining the FIITJEE ( from Oct 2013), I was diagnosed with Severe Depression and Obsessive Compulsive Disorder. I underwent medical treatment under Dr. Rahul Chandok in Fortis Hospital Delhi. I was put on psychiatric medication. By the time I appear for FIITJEE recuitment , my health improved a lot and Dr Rahul encouraged me to took a job saying I am in a condition to do a Job and since recruitment is through a competitive procedure, the selection meant that I am fit for the job. Although I was still taking the prescribed medications.I appeared for the 5 level selection procedure of FIITJEE in March 2014 and was selected for the post of Associate Professor. I formally joined FIITJEE on 1st June 2014, and was sent to their Chennai Centre for 3 month training programme. I successfully completed the training program and on 5 th September 2014, I was assigned to FIITJEE Mumbai Centre.
When I joined Mumbai centre , my health started deteriotrating and I started feeling very stressed , although Centre Head never complained about my work . I visited Parul tank at Fortis Mumbai and explained my case. She asked me to continue the job untill FIITJEE fires me . Doing even simple things like invigilation, setting question papers were becoming very difficult and often landed me into very embarrassing situations. Finally, in Nov 2014, I mailed my resignation to the Centre Head citing deteriorating health condition and requested him to releive me at the earliest . I waited till April , since then no word from the FIITJEE management came regarding me reliever . On 5th April 2015 , I mailed my centre head that it's not possible to continue at FIITJEE anymore and I am moving to my home town.
Since April 2015 , I continued my medical treatment first in Delhi under Dr. Rahul Chandok and then under Dr. Sudha Jain in Chandigarh (due to proximityto my home town Solan , Himachal Pradesh) . Lately I have received the Notice from FIITJEE to pay back damages as per the bond agreement. Till date I have not joined any organization , I take tutions at my home and still undergoing treatment although medications have been tappered.
My Questions are
Q1. Is there any way that I can avoid paying these damages as I was medically unfit, although in bond agreement I see no clause related to situations arising out of medical complications.
Q2. Its also written in the bond agreement that "the executive jurisdiction shall vest in Delhi/New Delhi Courts". Does that mean that if I have to fight the legal case , I have to hire a lawyer from New Delhi or Lawyer from Himachal Pradesh could also fight on my behalf.
Asked in Labour from Solan, Himachal Pradesh
1) in the event any. Suit is filed it woukd be subject to jurisdiction of courts at Delhi . Better to engage delhi lawyer to Defend case
2) reply to legal notice that you resigned on health grounds as unable to work
3) enclose your medical reports
4)mention that you are not working in any other organisation
5) legally company has spent money on your training for 3 months. It can seek to recover the said amount under the bond signed by you
Firstly the conditions in the bond appears to be lopsided and unjustified, but that is not a dispute now because after understanding the rules then only you joined hence no question about contesting the conditions.
Now the problem is about their demand and your reason for not complying with the demand.
Did you state the reason for resignation is due to your deteriorating health condition which forbids you from functioning normal ?
If not, do you have the medical certificates for the treatment taken subsequent to your resignation letter?
The health conditions and the illness is beyond your capacity hence you mention the same and refuse to comply with their demand owing to this in your reply letter to them.
About the jurisdiction point of view, let them firs initiate any legal action after which you can come to know where they are filing the case/suit. The decision of jurisdiction is not yours, hence dont bother about it until you receive a notice from court.
Dear T kalaiselvan
I categorically mailed my centre head that I will not be able to work due to deteriorating health conditions and also attached the medical prescription (It mentioned the symptoms and psychiatric medicine being prescribed ).I even worked for 4 months after that.
I have all the medical certificates (by certificates I mean prescriptions ) for the treatment during my job and till today as I have still not joined any job and still go to psychiatrist .
What are chances that I may be waived off these damages by the court if company files a legal suit against me.
Asked 9 months ago
In your query you have not mentioned whether you have replied to legal notice or not
2) you have to submit a detailed reply to legal notice mentioning that you had to resign on account of deteriorating health condition
3) you have to enclose your medical reports
4) in addition you have to mention that at present on account of your medical condition you are not working in any organisation at present
5) in the event company filed suit for damages your reply to legal notice will help you in your defence
6) in any case cmpany has to prove it spent so much money on your training
Well, if you have been diagnosed to suffer from severe depression and OCD and have clearly stated that as the reason for your resignation, moreover the fact is that you did not join elsewhere after leaving this place, the case if any filed by them to recover shall not be maintainable.
You can challenge them properly on the basis of the medical certificates/records held in your possession.
The court will certainly consider the mental state of your health especially when such type of employment demand highly skilled and stable mental health.
This is a calamity that you suffer from and not an organised or planned action agaisnt the company's rules.
You should engage a prudent lawyer who understands your actual problem and shall put forth his presentations and arguments in the way appreciable by court.