Stuck in a Job Bond: Can I Legally Avoid Paying the Remaining Amount?

I am facing a problem, and I hope you can help me out. There is a company that took a bond or agreement, as they call it, and they have my original marks cards. I left the company within the agreement period. They asked me to pay the money as per the agreement, or else they won't give me the marks cards. I paid a part of that amount and gave post-dated cheques for the rest. I want to know if there is anything legal I can do now to avoid paying the remaining money. The salary they were paying was too low, and the bond amount is too high. Can you give me some suggestions?

Thank you

As per the Indian legal system, no company can even take your original marks card, and there are no labor bonds in India. However, most companies see it as a way to retain people since they incur a cost in your training process. They say that they won't give back your certificates. Nevertheless, even if you want to sue the company, it depends on the terms and conditions written in it.

Cheers,
Rosina

Thank you for your reply. The problem with me suing them was that I didn't have an acknowledgment on the company letterhead that they have taken my mark cards. Now, I have paid a part of the bond money and have given a post-dated check for the rest. Is there a possibility of me suing them, saying they took money as part of the bond, which is illegal?

Hi,

Yes, you can sue the company, stating that the bond was illegal because the company is in the wrong for requesting your original mark sheets and documents in the first place. You can take the company to court simply for retaining those documents. If you have received an offer from another company, it is essential to ensure that you obtain a court injunction against your former company to prevent any negative impact on your new job position.

However, if you signed the bond on stamp paper, you may encounter difficulties in resolving the situation. It is advisable to seek guidance from a knowledgeable labor laws attorney before taking any further steps.

Regards,
Gaurang

First, arrange for a duplicate set of certificates from the concerned university/board.

Secondly, suing a company comes in when you have a copy of the contract which you have signed in the first place. You should have taken advice beforehand. Now, also if you can arrange a copy of the said agreement, take advice from a good lawyer and then let the lawyer handle the affair. Don't think about bouncing checks; you may not even get bail in such a case, and there is a lien on fixed assets too provided you own a property.

Surya