uttam3027
I had signed Bond with XYZ for pursing higher education on July 2013. My class was started from Aug 13 and I miss few initial class then institute cancel my application for current batch and transfer me next year batch July 2014. Meanwhile I have resigned the service on Dec 2013. And I have completed all the reliving formalities with company except service bond. I have agreed to give 1.5 month notice period and remaining 1.5 month salary pay by Cheque to company I did all. But company demand me to pay 250000 as bond value then he will relive me. I have requested to continue education (as it is distance learning course and only on Sunday batches) but company not agreed to continue me. Company said we have paid tuition fee and you have to pay back us. Now I was in conflict without completing education how can i pay full amount to company. In bond company has agreed to complete my education. I had requested to give me fee paid proof against me to institute and NOC so I can continue my education and pay u tuition fee. Company didn’t agreed. And now after one year in Dec 14 company send me termination letter due to non-complying service bond. As well as return of Cheque of money paid against notice period of 1.5 month. Yet I have not received my reliving letter, experience letter (4 year) and PF.

What can I do??

Can I challenge termination letter??

And how can I get my reliving letter, experience letter (4 year) and PF.

In short how can I RESOLVE THIS MATTER AS SOON AS POSSIBLE?

From India, Mumbai
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Sushilkluthra@gmail.com
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Uttam3027
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sushilkluthra@gmail.com
221

There are various issues involved in your matter. Firstly, as far as bond is concerned, since employer has not incurred expenses of rs.250000 upon you regarding education, it is unlikely that your employer will be awarded that much amount as under section 74 Contract Act only reasonable amount pertaining to expenditure incurred can be recovered. Further, the bond should have been executed on Stamp paper of appropriate value otherwise it can not be read into evidence. Secondly, after a passage of one year of not continuing in job, the employer cannot resort to termination. They accepted the notice pay and partly service rendered by you for notice period. They are barred to retract after one year by estoppel. Under section 30 of Shops and establishment Act, termination can be done only for misconduct whereas non- settlement of dues which are even contrary to law, is not misconduct. Under Delhi Act, section 30 proviso enables you to file complaint before Magistrate for violation of the provision. Make a complaint to Magistrate or authority under the Act to obtain relieving letter. If you governed by other State Act look for similar provision and authority to complain.
From India, New Delhi

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