Resignation from bank
Querist :
Anonymous
(Querist) 22 October 2024
This query is : Resolved
Hello sir i have been working with a public sector bank as head cashier from past 6 years and i got selected in state government job.
The state government didn't gave me any extension in joining and required me to join immediately and put immediate resignation in bank via email so i did accordingly and put my resignation and also in my resignation letter i mentioned that "SINCE I AM UNABLE TO SERVE THE BANK FOR 1 MONTH NOTICE PERIOD So In accordance with Service Rules Para 522 Clause 3 of Sastry Award – I UNDERTAKE TO PAY THE BANK FULL ONE MONTH’S GROSS PAY AND ALLOWANCES AS MAY BE CALCULATED BY THE BANK IN LIEU OF SERVING NOTICE PERIOD and AUTHORISE THE BANK TO DEBIT THE SAME FROM MY SAVING ACCOUNT" and then on the same day of submitting my resignation i joined state government job but now my branch manager is asking me to join for some days, i have not disclosed to bank that i have been selected in state government and joined the same, i have said that i am giving resignation on personal grounds. Can bank take any action against me ?
T. Kalaiselvan, Advocate
(Expert) 22 October 2024
The bank cannot take any action for not disclosing the actual reason for resignation, however without the bank relieving you from the job you cannot join the new employment.
If you have not disclosed about the bank employment to the new employer then that would be considered as an offence for suppressing the facts material to the employment and it may even draw adverse inference to your employment prospectus, hence instead of risking your future career prospects, you may better take a wise decision before it is too late.
Querist :
Anonymous
(Querist) 22 October 2024
Sir i have disclosed to my new employer regarding my previous employment in bank and they didn't demand relieving letter they said to me that only your submitted resignation required.
Sir i have no dues towards the bank nor i want relieving letter from bank, i only want that they deduct my 1 one salary from my account and do away with the matter. Can they force me join back under any circumstances ?
Querist :
Anonymous
(Querist) 22 October 2024
Kindly reply sir as i am very much worried.
kavksatyanarayana
(Expert) 22 October 2024
Although the government department may not ask for a relief letter, you cannot start a new job without one from the bank.
T. Kalaiselvan, Advocate
(Expert) 23 October 2024
Until and unless you have not been properly relieved and your name has been deleted from rolls of bank, you will be considered to employed in two places simultaneously if you already joined the government job without getting legally relieved by the previous employer.
Dr. J C Vashista
(Expert) 23 October 2024
What are the accepted terms and conditions regarding termination of service on the part of Bank employee ?
Why did you not inform and seek prior permission of Bank before applying for government job ?
You cannot take it granted that the resignation submitted shall be accepted by employer Bank at your sweet will.
Querist :
Anonymous
(Querist) 23 October 2024
Accepted terms and conditions regarding termination of service on the part of bank employee is "para 522 of the Sastry award, a permanent employee may leave the service of the Bank by giving one month notice in writing to the manager and if any employee leaves the service of the Bank without giving notice, he is liable to pay to the Bank one month's pay and allowances in lieu of notice."
T. Kalaiselvan, Advocate
(Expert) 23 October 2024
You may initiate legal action by first issuing a legal notice demanding the relief of relieving you from the employment and to issue a relieving letter, if this is not fetching the desired relief then you may escalate the issue by further legal process.
Sudhir Kumar, Advocate
(Expert) 23 October 2024
actually it dos not seem yo be a case of resignation.
it appears that since the services were liable to be terminated from either side (employer bank or you) on one month notice or salary thereof. (correct me if I assumed wrongly).
It appears that you have opted for termination instead of resignation acceptance and there seems to be no illegality in it.
The manager has no business to call an ex-employee for work.
If having joined state govt you accept such invitation from manager then you are liable for disciplinary action.
Querist :
Anonymous
(Querist) 24 October 2024
Yes i have terminated the contract of employment by authorising bank to deduct one month wages in lieu of serving notice period of 1 month. So they cannot claim anything else against me. Moreover deletion of my name from rolls of bank is the work to be done by employer bank itself, i have nothing to do with it, i have done what i was liable to do as per service rules.
T. Kalaiselvan, Advocate
(Expert) 25 October 2024
If you are still not getting the desired relief then you may have to escalate the issue legally
Dr. J C Vashista
(Expert) 25 October 2024
Seek professional services of a local prudent lawyer for better appreciation of terms and conditions of offer letter especially termination of service contract and follow up proceedings, if you are not getting desired result.
