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What to do if company sends legal notice after termination of service?
28-Sep-2023 (In Labour & Service Law)
I got legal notice from x company because of non fulfillment of employment bond, i have bond of three years but i have served two years of bond and spent total more then three years in company. like 2014 i joined, 2015 i signed bond and 2017 current i relieve from company. They have accepted my resign,given no due certificate, salary certificate, experience certificate but still after two months they have sent me notice of joining another company and dishonour of cheque and asking me more then 2 lacs , i have given them undated cheque during signing the bond, and now they have used my undated cheque in bank also. i have signed bond on green color legal paper having revenue stamp on it. all the things were in favour of companies side. i have not taken any training during my services. the bond was made only to send me foreign tour for marketing purpose. please suggest me, what should i do, if i have clearance of experience certificate, accepted resign and copy of no due certificat
As per the recent judgments by SC and various High Courts nowadays bonds are not valid in India. In India Bond is illegal with respect to employment since as per the Indian Statute, bonded labor system was long abolished and no bond can force any person to work against the employees wishes. Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19. As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the bonds are one sided. Again, as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices. But however, if the company has spent money on your training then you are liable to pay the money. However, if no training was imparted by organisation then the bond is illegal.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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