Legal Question in Employment Law in India

Hi, I joined a software company as a fresher, where in I was made to sign a 6 months bond, and was asked to submit all my original certificates and place a check of 80,000 rupees as a security, which I did. The cheque was not dated.

These things happened in November 2013.

But after working there for four months, I was really fed up with the hectic work schedule, overtime works, usually I stay there for 10-11 hours, moreover I dont saw any career growth in that company.

Also my health conditions was not good to put up with the night shifts and all.

I escaped from there as they are not ready to relieve me without giving the bond amount.That was during February 2014.

Then in March 2014 (10/3/2014) I mailed HR that I want my certificates back and get me exempted from the bond as my health conditions are not so good to continue the work.

They asked for the medical certificate to be submitted in next 2 days or else they are going to present the check. I mailed the scanned copy of the medical certificate issued by a govt. hospital doctor on 12/3/2014.

There after they didn't contacted me, but after 2 weeks i got a letter stating that they submitted the check in bank and checked bounced with "INSUFFICIENT FUNDS", I didn't replied to that letter.

Now in May 2015 i got a summons from the court to be present before the Judicial First Class magistrate on a charge of U/S 138 NI act.

I managed to get a log register from the company that shows my daily working hours like 9-11 hours average.

Can I do anything with this log register??

What should I do now? Is the case relevant as I submitted the medical certificate?

Is the case valid after 1 year?


Asked on 5/25/15, 3:25 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.05.2015

Dear Sir / Madam,

First and foremost, in case of cheque bouncing, the Company has to file the case under Section 138 of the Negotiable Instruments Act, 1938 within a month from the date of intimation of cheque bouncing, otherwise the case is invalid. So, if the cheque has actually bounced in 2014, the Company cannot issue a legal notice to you now in 2015. You should state this important fact in your defense in writing in reply to the notice. You should also state that you have complied with the Company's request to you to submit evidence of your medical unfitness by your having submitted a Medical Certificate to the Company. Thirdly, you should produce the Log Register to the Court citing the constant late sitting being the main reason for your falling ill. Fourthly, you should lay emphasis that an Employment Bond of any nature tantamounts to bonded labour and being against the principal of natural justice as per the Constitution, is illegal and a criminal offense. And lastly, you should inform the Court that the Company has illegally wrongly retained your original Certificates, which despite your repeated request to the Company to return them back to you, have still been retained by the Company, which should be immediately returned back to you.

Regards,

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Answered on 5/25/15, 4:44 am


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