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Indian Law/please help me


"Dear sir,
       Recently I joined in a private company, with 2 years indemnity bond of one lakh rupee. But I came out in 1 month before the training completes. From my hometown i send my resignation stating that my health condition is not good. But they said to pay the money. So, i withdrawn my resignation and asked for 3 months leave by providing medical certificate. Further i have no interest to go. Now, 3 month is going to over. So they will call again through mail. What can I reply them. If i didnt reply to their mail, after few months they will mail as exit and send me a notice to pay the money.I dont want to pay the money. And the bond duration valid till the end of 2014. I am helpless. Further, what can I do. Please help me. All original certificates are with me. Awaiting for your response

Employment Bond in India is generally treated as a one sided contract and hence not enforecable through court of law unless it was executed to recover any reasonable actual losses suffered by the employer.Such contract subject to certain exceptions is treated as void under section 27 of the Contract Act.It is also violative of Article 19 of our Constitution,which guarantees freedom of practising any profession or to do any trade,business or profession to every citizen of India.
In view of the above,normally Bond has no legal validity and  even if it was valid,your employer could not recover anything more than the actual reasonable loss suffered by them.Therefore, they have no right to claim any compensation from you for pre-mature termination of contract.You have every right at any time to terminate the employment contract in accordance with the termination clause contained in it.If their rules permit, they can adjust against your arrear dues for any shortage in the notice period/breach of the Bond.In case they file a suit to enforce the Bond,their possibilty of success is very remote on the grounds stated above.So, you need not least worry about it.Moreover, please do not pay any amount from your own pocket.That will be great blunder on your part.Even if any amount is recoverable from you, let them prove it before the court the actual loss suffered by them.Even if they bring any  prosecution against you,it does not mean that your employer is right.It depends upon facts and circumstances of the case,evidences placed before the court and arguments of the advocates.After hearing both the parties, judges always tries to give a reasonable decision.
You immediately send a legal notice to issue the release order alogwith outstanding dues within a prescribed period say 7 days from the date of notice by them,failing which you shall be compelled to take suitable legal actions against them.
Apparently you have a very strong case in the matter.However,please take all actions in consultation with a service lawyer to protect your interest.  

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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