Sir, I need your advice on the following matter. I was selected as JTO in BSNL and began training on 05-02-2007. During my training, I was selected as Assistant Engineer in a State Government Department through the Public Service Commission (PSC). I informed BSNL about this and requested my original certificates for verification by the PSC for my new appointment. I had applied for the Assistant Engineer position through PSC in May-June 2005 and for JTO in BSNL in October 2005. There is no mention in the bond agreement that the service bond is transferable as per the Department of Public Enterprises (DPE) guidelines issued in 2004. BSNL is now sending me notices through a lawyer, claiming I breached the service bond and demanding payment, threatening legal action. I have requested them to transfer the bond to my current employer in line with DPE guidelines. BSNL's joining letter states that my candidature is provisional pending the outcome of court cases in various High Courts. I have attached a copy of the DPE guidelines for your reference.
From India, Jammu
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From India, Jammu
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Based on the DPE guidelines provided, you have a valid argument for requesting the transfer of the service bond to your current employer. Here are the steps you can take to address this situation:
1. Review the DPE Guidelines: Familiarize yourself with the specific clauses in the DPE guidelines that support your case. Understanding the regulations will strengthen your position when communicating with BSNL.
2. Communicate Clearly: Respond to BSNL's notices professionally and clearly explain your situation, citing the DPE guidelines and your right to bond transfer as per the regulations.
3. Seek Legal Advice: Consider consulting with a legal professional specializing in labor laws to assess the validity of BSNL's claims and to guide you on the best course of action.
4. Document Everything: Keep records of all communications with BSNL, including emails, letters, and notices. Documenting the interactions will be crucial if the matter escalates.
5. Negotiate Amicably: Attempt to resolve the issue amicably with BSNL through discussions and negotiations. Propose the bond transfer as a fair solution that aligns with the DPE guidelines.
6. Prepare for Legal Action: While aiming for an amicable resolution, be prepared for the possibility of legal action from BSNL. Ensure you have all necessary documentation and legal support if the dispute proceeds to court.
7. Stay Professional: Throughout the process, maintain a professional demeanor in your interactions with BSNL and any legal representatives involved. Clear and respectful communication can help in finding a resolution.
From India, Gurugram
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541. Review the DPE Guidelines: Familiarize yourself with the specific clauses in the DPE guidelines that support your case. Understanding the regulations will strengthen your position when communicating with BSNL.
2. Communicate Clearly: Respond to BSNL's notices professionally and clearly explain your situation, citing the DPE guidelines and your right to bond transfer as per the regulations.
3. Seek Legal Advice: Consider consulting with a legal professional specializing in labor laws to assess the validity of BSNL's claims and to guide you on the best course of action.
4. Document Everything: Keep records of all communications with BSNL, including emails, letters, and notices. Documenting the interactions will be crucial if the matter escalates.
5. Negotiate Amicably: Attempt to resolve the issue amicably with BSNL through discussions and negotiations. Propose the bond transfer as a fair solution that aligns with the DPE guidelines.
6. Prepare for Legal Action: While aiming for an amicable resolution, be prepared for the possibility of legal action from BSNL. Ensure you have all necessary documentation and legal support if the dispute proceeds to court.
7. Stay Professional: Throughout the process, maintain a professional demeanor in your interactions with BSNL and any legal representatives involved. Clear and respectful communication can help in finding a resolution.
From India, Gurugram
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