Dharmesh Tailor 18 March 2019
Dr J C Vashista (Advocate) 19 March 2019
The letter is unambigous and clear, submit specific resignation letter.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 19 March 2019
G.L.N. Prasad (Retired employee.) 19 March 2019
If there is no condition for relieving letter from the past employer by the organization where you are going to report for duty, ignore the minor service if any in the present organization. Also, PSU banks generally insist that you have to obtain prior permission while applying for a job during tenure in PSU, you may face some trouble. But, I do not think that PSU banks now resort to such action as they wish to reduce such Establishment expenses and busy in the recovery process. But the way you have applied and resigned is not proper as per your service agreement. ( If you have applied for a new job during present tenure), If you have applied for the job prior to prior to taking PSB and if the present job in PSU is not suitable to your qualification, it may be correct in your angle.
(Assumed that PSB means Punjab and Sind Bank)
P. Venu (Advocate) 19 March 2019
What do you mean by "I have already given notice period to the bank". Have you submitted the resignation? What is the Notice Period as per the terms of appointment/Rules of the PSB? Is there any disciplinary proceedings pending against you?
Dharmesh Tailor 19 March 2019
Dharmesh Tailor 19 March 2019
Dharmesh Tailor 19 March 2019
P. Venu (Advocate) 19 March 2019
It is the settled law that "To resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services."
Since you have given the due notice and if no disciplinary proceedings are pending against you, the authorities are the under the legal obligation to accept your resignation and relieve you on the cessation of the Notice Period. If no confirmation received, it is a case of deemed acceptance of the resignation..
You may apprise the authorities of the legal position, preferably through a lawyer.
G.L.N. Prasad (Retired employee.) 19 March 2019
There is no dispute in settled law.
But if the disciplinary terms and conditions stipulate that he has to obtain prior permission for applying to another job, then it becomes misconduct and they can even now issue show cause notice to delay resignation.
This is just possible and I am sure that every PSB relieves employee after accepting resignation as per notice period. But, in the case of private sector banks, it is very difficult to get such letters and they make it a point to issue such show cause notice to harass the employee, as they might have spent amounts for training and recruitment and to avoid further repetitions by other officials as these kinds of switching to other jobs is common in Private sector Banks.
P. Venu (Advocate) 20 March 2019
With due respect to Learned Friend Shri GLN Prasad, it is stated that our country is governed by Rule of Law and no employer, public or private, can create service conditions opposed to the ordinary rights of the citizens. There are appropriate legal provisions for the employers to recover the amounts spent towards training etc; it is unethical for any employer to hold acceptance of resignation as a bargaining chip. This is only borne of the short-sighted approach of the so-called 'HR' persons.
Dharmesh Tailor 20 March 2019
P. Venu (Advocate) 20 March 2019
Yes, you can. However, please note that problem is part of life, esp. if you try to uphold what is 'right'.
G.L.N. Prasad (Retired employee.) 20 March 2019
The proper way is mediating through your Union/Association officials and through your links with higher-ups for amicable settlement. Avoid friction while taking up fresh employment, as the previous happenings may give bad impressions to the new employer. Always try for an amicable settlement.
Some Guy 31 August 2020
Hi, I'm facing a similar problem, except, I don't intend to work, I'm looking to enter into family business. Will it be problematic for me? Kindly reply, thanks.