Legal Question in Employment Law in India

Hi,

I had signed a training bond with my previous employer while undertaking a technical training in 2002.

As per the bond, the employer was to provide 2 weeks classroom training and 6months on the job training. The bond was for 3 years valued at rs. 2Lakhs.

I left the services of the company before completing the 3 years with 86 days left to complete the term.

The company has held back relieving letter, experience letter and other retirals as they claim this bond to be un fullfilled. However I am contenting that the bond is not valid as they did not provide the 6 months on the job training as per the agreement. The company is requiring me to pay the full Rs. 2L to release the documents and other settlement. I was employed with the company in Kolkata, the training took place in AP and the bond lists Noida as the area of jurisdiction, and I am currently based in Bangalore.

1. Can the above bond be challenged in a Consumer Court instead of the Civil courts as I am a consumer of the training even though I was also an employee?

2. Can i file a case in High Court of Karnataka, instead of Noida or Kolkata for relief as following up a case from that far is quite difficult (the company has a branch office in Bangalore)?

Any guidance is appreciated.

Regards,

Sumesh


Asked on 11/09/15, 5:06 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

09.11.2015

Dear Sumesh,

An employment or service bond of any form or nature being deemed bonded labour is illegal and a criminal offence. No, I doubt whether this issue attracts the provisions of the Consumer Protection Act; however, you may still try it out. Yes, you can file a case at the place of your posting i.e in the Bengaluru High Court since the Company too has a Branch Office there.

Regards,

Read more
Answered on 11/09/15, 6:03 am


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