Relieving letter pending
Querist :
Anonymous
(Querist) 06 September 2011
This query is : Resolved
Dear Sir,
I worked in a private bank in managerial position and when I was unable to cope up with the boss who is having criminal attitude and causing me trouble unnecessarily. So I had the last discussion and quit the organization and also properly done as per procedure on notice period, submission of resignation and the same is also accepted my boss. Even I have got the full and final settlement also. After 4 months from the date of resignation i have sent the mail to all concerned regarding my non receipt of the relieving letter. I have to send more than 12 follow up mails to get the reply that too after 1 month stating that it is kept on hold as there are some pending issues that too only after my follow up, when a again requested for the detail they again took one more month to state fake reasons. Their replies were more of blackmailing and then I have even sent 2 legal notices also till date I have not got any reply either from the concerned people or from the Organization. Now I am unable to even join other organization for the past 11 months(1) I would like to know can I file the WRIT for this issue. (2) Whether it is compulsorily has to be filed at my place of work or I can file it in the high court (3) Whether it has to be filed through labour court or any other court,(please let me know)? (4) Normally how long the court takes to close the cases filed as writ.
ajay sethi
(Expert) 06 September 2011
you are working in a private bank . no writ petition can be filed against a private bank .
you will have to make out a case against bank and file suit in place wherein your bank was located or wherein you reside .
disposal of case may take time depending upon pendency of case
Shastri J.K.
(Expert) 06 September 2011
You may file suit in place wherein your bank was located.If u want to file the WRIT for this issue.At first u submit a representation before registrar and concern other authorities.
prabhakar singh
(Expert) 06 September 2011
1) I would like to know can I file the WRIT for this issue. ?
Answer...No ,you can not is the answer.
(2) Whether it is compulsorily has to be filed at my place of work or I can file it in the high court ??
Answer...you can not file it in high court directly.you need to file it in lower court called civil court,better at the place of branch of work or where banks head office situate but not where you reside.
(3) Whether it has to be filed through labour court or any other court,(please let me know)?
In my understanding it should be filed in civil court for grant of mandatory injunction to issue the relieving letter as well as compensation and damages for losses caused to you due to their unreasonable and inordinate delay keeping you deprived of joining other firm @ of an expected salary at least what you were getting is the self proved .
(4) Normally how long the court takes to close the cases filed as writ.
Reasonably a year may take if contested without delaying tact ,in case left contested even exparte may take 6 months.But if delaying tact adopted not sure how much???may be 3ree years or even more.
Before taking any action now engage a lawyer ,discuss issues in the light of my advise with regard to reliefs and then serve them a notice which if remains non complied then file the suit for reliefs suggested here.
Raj Kumar Makkad
(Expert) 06 September 2011
You make representation to Reserve bank of India and seek their intervention and necessary direction to your bank as it is controlling authority and if fail to gt desired result within a short period of say one month, file a writ including RBI. This is short-cut otherwise civil suit shall take a very long time.
ajay sethi
(Expert) 06 September 2011
please note that if you are in bombay and you file suit for damages it may take 20 years for it to be disposed of
