Dear Sir/Madam,
I worked in a public sector company for about four years as an engineer. At the time of joining the company, I signed a bond agreement with the company to serve it for 5 years after completion of the training period, otherwise, pay to the company the bond money along with notice period pay. Subsequently, I requested them to grant me study leave for doing M.Tech. Though my application was forwarded by my immediate boss, it was not accepted by the HR boss, citing the reason that before six months prior to completion of the bond period, it could be granted and not before that. In violation of this rule, other divisions of the same PSU granted study leaves to others whose bond period was remaining more than six months; in one case, it was one year and four months, in the second case, it was 8 months. My balance bond period was more than one year. After that, I took admission without getting their permission in the hope that after taking admission, perhaps management may rethink about it positively. Later on, I came several times to its office for getting the same, but it was not granted. Later on, I thought that they may create problems in my study, so I resigned. But on receiving my resignation, they told me that before acceptance of resignation, I have to pay the bond money plus three months' pay for the notice period. When I expressed my inability to pay and offered them to rejoin, they refused and insisted again that I have to pay the amount. Now they have filed one suit against me in the district civil court for recovery of the same, even sending letters for the same to my current employer, a department under the central government of India. The earlier PSU is also under the central government of India.
So, in view of the above, I want to know - how they can write to the current employer after filing the case in court and whether their action is legal for turning down my request for withdrawing resignation and insisting on paying.
Please reply legally.
Regards
From India, Pune
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I worked in a public sector company for about four years as an engineer. At the time of joining the company, I signed a bond agreement with the company to serve it for 5 years after completion of the training period, otherwise, pay to the company the bond money along with notice period pay. Subsequently, I requested them to grant me study leave for doing M.Tech. Though my application was forwarded by my immediate boss, it was not accepted by the HR boss, citing the reason that before six months prior to completion of the bond period, it could be granted and not before that. In violation of this rule, other divisions of the same PSU granted study leaves to others whose bond period was remaining more than six months; in one case, it was one year and four months, in the second case, it was 8 months. My balance bond period was more than one year. After that, I took admission without getting their permission in the hope that after taking admission, perhaps management may rethink about it positively. Later on, I came several times to its office for getting the same, but it was not granted. Later on, I thought that they may create problems in my study, so I resigned. But on receiving my resignation, they told me that before acceptance of resignation, I have to pay the bond money plus three months' pay for the notice period. When I expressed my inability to pay and offered them to rejoin, they refused and insisted again that I have to pay the amount. Now they have filed one suit against me in the district civil court for recovery of the same, even sending letters for the same to my current employer, a department under the central government of India. The earlier PSU is also under the central government of India.
So, in view of the above, I want to know - how they can write to the current employer after filing the case in court and whether their action is legal for turning down my request for withdrawing resignation and insisting on paying.
Please reply legally.
Regards
From India, Pune
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How is the bond money? I can't comment unless we know the content of the bond. Sometimes, employers just get a bond signed without a technical reason. If the company has provided you with training crucial for that particular job or if the project you are working on is very crucial for 5 years, then the bond is legal. Please meet a good and reliable lawyer to get it sorted out since you have already been served with notice.
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Legal Notice for Breach of Notice Period .docx
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