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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Rajesh Potnuru – Appellant
Versus
State of Telangana, Department of Labour Rep. by Principal Secretary to Government – Respondent
ORDER :
Nagesh Bheemapaka, J.
The short question for consideration is whether “minimum service bond” signed in an employer & employee relationship is valid as per the mandate of the Constitution of India or not.
2. In the present writ petition, petitioner challenges the inaction of Respondent No. 1 - Commissioner of Labour, Telangana through Respondent No. 3 – Joint Commissioner of Labour, RR District against Respondent No. 4 - Algonox i.e. petitioner’s employer, who had made him sign an "employment bond" and extorted Rs.5,90,000/- (Rupees five lakh ninety thousand) from petitioner, by not relieving him from the job unless he makes such payment and citing the "Bond" which they made him sign under duress (i.e. issuing the bond one month after employment and "in total issuing employment bonds three times to the petitioner) and harassing and causing immense mental trauma and financial distress to petitioner.
3. Petitioner states that he had joined Respondent No. 4 as an intern during June to August 2019 and was issued a full time employment offer in September, 2019 through offer letter dated 01.09.2019 and joined the employment under Employee ID: 1182, on 01.09.2019. Petitioner was made t
Employment bonds can be void if they impose unreasonable restrictions, are coercive, or violate public policy, especially considering the unequal bargaining power between employers and employees.
Employment bonds are enforceable if they reflect reasonable conditions and training investments, but enhancements made retrospectively without consent are not legally sustainable.
Restrictive covenants in employment contracts requiring liquidated damages for premature resignation are enforceable and not inherently against public policy, provided they are reasonable and serve l....
The court held that the coersion via blank cheques invalidates employment contracts, stressing the statutory right to a service certificate and the necessity of standing orders for companies with 50 ....
The termination of employees without notice and for participating in a strike against the 12-hour work schedule was arbitrary and in violation of Article 23(1) of the Constitution of India and the Bo....
it is difficult to extend minimum time scale to the petitioners as they were not engaged by respondent Nos. 4 to 11 either on contract basis or outsourcing basis.
A unilateral bond does not grant enforceable rights for continued employment; the ESIC can reduce bond terms without obligation to retain the bound personnel.
Punitive action should not be taken against an individual without establishing or proving the allegations made against them through a proper enquiry and affording them a reasonable opportunity to def....
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