Employment Law/Service agreement and breaking the bond
This is in reference to earlier question I have this information to add
I joined the Institute on 16 Dec 2008 left the Institute and resigned by post on 15 th June 2010. My original appointment order which did not mention any bond was given at the time of appointment .My son secured 14 th rank in the admission test conducted in January 2010 scoring 166 0ut 0f 200 the minimum is 100 out of 200 and duly got MD Gen medicine and started his PG course In may 2009.The purported bond agreement is dated 7/3/2009.
I have joined another Institute since they require my services and they have given me all encouragement helped me in my difficult time on that count I am fortunate.
Kindly advice me since the Institute has filed suit in District court claiming to recover the damages.What are the implications for me
Dear Mr. Vithal,
Hope you're doing fine.
Regret I took sometime in answering your question here.
To my opinion your employment was based on a condition for another person namely your son who benefited and it wasn't for your own benefit.
As you mentioned your son scored fairly well and according to which he would have automatically got selected in another reputed college but here with your employment they gave benefit on the fee part to your son.
You also mentioned that your son was admitted to this college in May'09 based on the merit list and not just because of being your son. As you signed an agreement in July'09 after your son already joined this college which clearly shows your college wanted you to be with them for a period of five years and to retain you they offered you reduction in his fee. Therefore it's a proper agreement and not just biased on one side. It was for benefit of both parties mutually agreed. This looks to be in your favour.
Due to unavoidable circumstances created for your son; leaving college may be a right decision for your son. But your leaving college without any explanation and sending your resignation through post looks to be negligence on your part. Their claim may look right in the natural course of action on this basis.
But demanding 20L is not the right amount as you served for some year(s) post signing the agreement.
I would suggest you to hire a legal counselor who has expertise in labour laws than civil laws. He would be a right person to guide you with future course of action.