resignation during probation in a Public Sector bank
I am working with a Public Sector Bank as a probationary officer since 17/06/2013. I am planning to resign in December, 2014. I was made to sign a bond for Rs 100000 for 2 years. The bond reads:
"1. The Officer hereby agrees to serve the Bank under the rules and service
conditions of the Bank for a minimum period of 2 years from irrespective
of the place of posting or subsequent places of transfers which are under the sole
discretion of the Bank.
If he/she fails to serve the Bank for the said period for any reason the Officer and
the Guarantor hereby jointly and severally agree to pay Rs.1,00,000/- (Rupees
One lakhs only) to the Bank by way of compensation and/or liquidated
damages on demand by the Bank."
"2. The Officer shall not without the express prior approval in writing of appropriate
controlling authority in the Bank, apply for any job, accept any assignment or
other employment for profit , until the Officer has fulfilled his/her obligation at
clause No. 1 above. In case, the Officer violates this and/or resigns to accept any
other/ fresh job the amount mentioned above shall be paid before getting relieved
from the services of the Bank."
"3. The Officer hereby agrees to obey and abide by all the rules, regulations, service
conditions, conduct & discipline of the Bank as per the rules and regulations
prescribed for the Officers in terms of SyndicateBank (Officers’) Service
Regulations 1979 and SyndicateBank Officer Employees (Conduct) Regulation
1976 and SyndicateBank Officer employees (Discipline & Appeal) Regulation
"4. The Officer and the Guarantor shall be personally liable to pay the amount to the Bank as stipulated in para No. 1 of the terms and conditions of the agreement and in case of the officers failure to make the said payment, he consents for appropriating sum that may be due to the officer by way of salary, allowance, Provident Fund, Gratuity or any other terminal benefits due to the officer and also without prejudice to Banks right to take any disciplinary action against the officer under the relevant Syndicate Bank Officers’ Service Regulations or any other applicable service conditions.
5. The Officer and the Guarantor hereby agree that this agreement will remain in full force till the completion of two years or till the Officer and the Guarantor are discharged of all the liabilities under this agreement by the Bank."
My H R Head is saying that along with the bond amount I need to serve a 3 months notice and the amount spent by the bank on my 1 month training and if I am unable to serve the 3 months notice then I am supposed to pay 3 months gross salary + bond amount of Rs 100000+ training expenses borne by the bank. this according to him amounts to Rs 230000.
kindly guide me:
1. Do I have to pay the bond amount of Rs 100000 only as mentioned in the service bond.(in case of immediate resignation without serving the notice period)
2. Bond amount of Rs 100000 + 3 months notice.
3. Bond amount of Rs 100000+ 3 months salary+ training expenses ( in case of immediate resignation without serving the notice period)
I will be grateful if you could provide solution to my problem.