Advice on Employment and way to proceed
Querist :
Anonymous
(Querist) 15 July 2011
This query is : Resolved
I was serving a private bank since oct 2007. In Dec 2009 I had a breakdown and was diagnosed with severe depression. Despite several attempts at counseling I was still depressed. In Nov 2010, friends and family helped me get to an intensive counseling center in Thailand. Please note that all decisions during this time were made by my wife, immediate family and friends.
I returned from Thailand in Jan 2011 and at the first available opportunity met my supervisor and gave him a report on my situation. During the course of my illness, the bank was duly informed of my condition, colleagues had come to visit me and had apprised the competent authority of my condition. My salary which was being credited was stopped and then resumed all on its own. This was on Feb 2011.
My supervisor called for a meeting with the Regional HR head, who told me that I was to deposit a sum of375000 approx. and submit all medical proof available to me. I subsequently took a loan and deposited the money in my sal account. There was no action for months. After good number of reminders through mail and post, the matter was again taken up, as the HR was perhaps busy in promotions, transfers which usually take place at the start of the Financial Year.
Then in June 2011, the matter was again taken up with the Central Office HR and after what seems like a serious deliberation, came out with a figure of4,57,000 which i need to deposit. Only after this task is completed will they take up my rejoining at my previous post or attend to my resignation if I wish to resign.
I want to know
a) if legally, I am bound to pay back the money as the office was duly informed of my condition and yet salary was still being credited into my account. In fact even during appraisals, when my supervisor had again reminded them of my being on medical leave, the salary continued to be credited.
b) how do I contest the validity of the quoted figures. If there is a certain process, what is it? and what would be the correct way to proceed!
c) I would like to resume duty, but right now its only verbal non-committed answer, that they'd take me back. They are under no obligation to take me back despite an impeccable record and the recommendation of my supervisor. I fear that having paid the amount, I would lose my bargaining power perhaps even my job.
d)Even if i have to pay the amount back, I need to take another loan, whose repayment i can't guarantee if the bank doesn't let me resume duty. Is there a way to get around this?
e)Would it be advisable to take employment elsewhere and pay back the amount slowly. Its hard to get employed without a relieving letter. So is there a way to work around this too?
f) If I do serve a legal notice, will i be able to get a relieving letter of course after the legalities are sorted out. What happens if the verdict goes either way.....ie either in favour of the bank or in my favour.
I would appreciate the advice of experts on the matter.
Thanking you in advance!
Raj Kumar Makkad
(Expert) 15 July 2011
a). Deposit of salary in your salary account was not your fault so bank cannot recover that amount from you as decided in various cases by Supreme court of India and various High Courts.
b). You should hire a competent civil side lawyer and should serve a legal notice to bank and next guidelines shall be obtained from same lawyer.
c). In the given facts, you should try to search out alternates for your job as bank is not legally bound to take you on the job.
d). You have not to pay any amount to bank and previously also you had not to pay. No re-payment-no lon-no question arises to re-pay loan through EMIs.
e). Serve legal notice as advised. earch some other job. You are not defaulter of your bank so no repayment.
Querist :
Anonymous
(Querist) 15 July 2011
thank you so much for the advice. look forward to more expert opinion on the matter so as to be reassured that the way to proceed is to take the legal route.
Out of Court
(Expert) 15 July 2011
What ws ur post in ur organisation? What ws ur monthly salary? What is ur current mental and pshyical health as per latest Medical certificate? Whether medical certificate indicates any such thng wch shows u wth permanent deteriotion in health, physical or mental sufficient enough to affect ur work liabilities toward organisation? (If it is nt th case as aforesaid ur candidature fr th same job is still strong ). Whether th amount credited during th period of ilnes ws actualy realised nd exploited by you or it ws simply an error on paper...Look friend, ur case prima facie seems to be arise from miscommunicati00ns nd misunderstandings and so are the difficulties.It requires few rounds of crystal clear representations b/w u nd uremployer..8756272683
Querist :
Anonymous
(Querist) 16 July 2011
I was a Manager in the organisation.....my monthly net salary was around Rs.40,000. I have been diagnosed with Obsessive Compulsive Disorder which does not affect my work.
During the period the salary was credited into my account and was withdrawn by my wife and was being used for my treatment.
Guest
(Expert) 17 July 2011
You have not given the vital information relating to your absence. Did you formally apply for leave to your bank by sending formal leave application duly supported by your medical certificate of illness and got your leave sanctioned by the competent authority?
Kirti Kar Tripathi
(Expert) 17 July 2011
Once you were paid salary, the same can not be recovered without any proper disciplinary proceedings and formal punishment order. Asking such amount back without following the required procedure and without formal punishment order, the action on the part of management is illegal. This action can be challenged in the court of law. So far as not allowing you to join duties is concerned. in case,no termination order is existing, you are very well in employment after the date of submission of joining letter. you can claim your salary on the ground that your were on forced leave on account of inaction or non proving the duties by the management itself. However,in case, there exist any termination order, in that event, you have to challenge the same. It is pertinent to mention that termination on account of long absence amounts to misconduct under the service condition and the management was/is under the obligation to initiate disciplinary proceeding, absence of disciplinary proceedings renders termination illegal.
Querist :
Anonymous
(Querist) 17 July 2011
Dear Mr. Dhringra Sir,
No formal application for leave was submitted because it was not a planned leave.
Although the bank was informed informally via phone and SMS. Also I had a visit from my senior and two colleagues during illness who came to assess my mental health. During that time period my wife was given a contact number at the bank so she would be able to keep the bank informed of my progress. My wife also furnished the bank with all my medical certificates as well as doctor's notes. She called to the bank once a month to give them a progress report.
My wife assumed during that time that I was on extended medical leave and was not aware that she should request a formal document to state that.
Querist :
Anonymous
(Querist) 19 July 2011
Dear Mr. Makkad, Mr. Tripathi and Dr. Dhingra
Eagerly looking forward to your inputs based on the updated information.....
a) How do I look for employment in other companies, as those of good reputation are demanding a relieving letter from the bank.
b) If either party (me or the bank) slaps a case against the other, what are my chances of winning the case and will I be able to get the expected relieving letter?
Thank you so much!
