Breach of fraudent Training Agreement

[ketanm]

Myself is Kapil and I was employed with reputed IT company. During month of Oct 06, I was sent to Paris for 15 days for Official work for company's client. My organization made good money out of this work done.

The day before I left for Paris (I left Paris on 14 Oct 07, the Agreement was signed on 13 Oct 07), I was asked to sign "Training Agreement" for 6 months on the grounds that I would be imparted training in Paris. But, there was no training whatsoever. I was made to work for client, which was charged by my company in india. Please refer to following points for complete clarity:

- The Bond I signed, was executed on 100 Rs Non-Judicial Paper and does not specify AMOUNT for recovery either in words or letters. It only stated that if I breach the bond, I will pay back the company TRAINING COST, including airfare, hotel charges, conveyance charges etc, which was inclurred by company. But there is no mention of amount anywhere. Also, all the clauses in the Agreement are totally one-sided. There is no relief to employee whatsoever.

- The Bond also refers that employee shall also get surety/guarantor, so as to recover amount in case of breach. My company did handed over Surety Bond to me (which included all amounts in words and letters, promisory note, signature verification document of guarantor by bank, etc) which was supposed to be executed between my father and company. But luckily, that Bond (along with promisory note, sign. verification doc etc.) is lying in original with me.

- The Bond states that upon its breach, the matter will go into Arbitrator, wherein Arbitrator will be chosen by Company officials. The witness who signed Bond are company officials only.

- After I came back from Paris, I served company for 3 months and then resigned due to awful working conditions and inhuman treatment by my managers.

- I resigned from Company on 31 Jan 07, and on 2 Feb 07, Company illegally took back my salary from my bank account for month of Jan 07. Since I had salary account, it goes by clause that company can revert the credit within 3 working days for the last credit amount. I do have bank statement to prove this fraud done by company.

- Till March 07, company kept on harrassing me by sending HR letter for settlement and threats to take legal actions.

- Between March 07 and Oct 07, there was no communication by company and matter was slept. But since I wish to withdrew my PF, I wrote into PF commisioner for this. I made a complaint against my company that they were not paying back my PF, despite many reminders. The day PF inspector went into my company, the company officials started of with actions by issuing me Legal notice (for Training Agreement breach) by their own Arbitrator.

- I met Arbitrator in person and took the Statement of Claim filed by company. Surprisingly, the claim of statement does not include a single penny spent by company as TRAINING COST. It only included airfare, hotel charges, conveyance etc. This cleary proves that company didn't imparted me any training whatsoever.

- The Arbitrator is having good relations with Company and will never pass award in my favor. He is constantly sending me letters for further comminucation on this case. I have no time to meet Arbitrator due to my hectic workload, and since this is fraudant case by company, I believe that I am not bound to appear infront of Arbitrator anymore. I already submitted my reply in the month of Nov 07.

- The Notice send by Arbitrator is printed on plain paper, wherein the Arbitrator just sign using his initials. He is not even signing the Notice Properly. The Advocate appearing from company's side, is working with Arbitrator only (I mean working at his office). Hence, they are trying to harass me by creating flase illusions.

Please guide me what I need to do. The company took my signature on Training Agreement under misinterpretation and further to this, there was no Training whatsoever. Company made good amount of money, and same is clear with the fact that company filed statement of claim without any TRAINING COST. In my reply to Arbitrator, I also asked Company to submit Audited Statement of their accounts, so as to prove the Training cost that they incurred in my aledged onsite visit. And Company took back my salary for month of Jan 07 illegally and also not paying back my PF till date. Finally, the bond was signed a day before I left Paris and I was not given sufficient time to go through the clauses.

Please guide me what I need to do next. Am I eligible to take this matter to Labor Court?

Many thanks !!

Kapil.