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Advice on procedure to break bond of service by paying bond money
06-Apr-2023 (In Labour & Service Law)
wb have 1 yr/10 lakhs as post PG bond . I want to break the bond by payment as i dont want to work here but state govt is not letting me pay the money and forcing me to continue with 1 yr bond ..what can i do ..i have already approched high court but they are trying to raise the issue of maintainance and shift this case to SAT ..kindly help me they want to drag this case ..they have kept by certificates whithout which I cant practice
The State Government cannot force anyone beyond the employees’ wishes. The employment bond is a contract which has to be enforced without undue influence from either of the party. Please note that they cannot force you to not to make the payment but only can request you.
I don’t think that the case is maintainable in the Calcutta high court as the high court generally send these type of cases to SAT unless a fundamental right is infringed.
I don’t think that the case is maintainable in the Calcutta high court as the high court generally send these type of cases to SAT unless a fundamental right is infringed.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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The West Bengal Administrative Tribunal Act provides that the dispute with respect to civil service under the Government of West Bengal shall be adjudicated by our SAT Salt Lake, though that has specified as well that the service disputes which may be looked into and governed by the Hon'ble High Court. Your matter must be going on before the Court of Hon'ble J. Dr. Sambuddha Chakrabarti, however the point of maintainability shall be adjudicated by the said Hon'ble Court, but rest assure, since your service condition stipulates either one year bond or 10 lakhs, hence you must have the right to opt for the later one. In one of my matter of a case of a Doctor under the Government of West Bengal similar relief has been granted by The Hon'ble Court and she was relieved by permitting her to make payment of the amount. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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