Holding appointment letter after giving offer letter

It is felt that you should submitted your representations to HR, during interview and later along with list of documents handed over by you, in writing even if by email, and thus documented each transaction.

It is also felt that employee should record such transactions if possible (audio/visual) and use at appropriate time in appropriate forum.

As per the check list available with corporate/HO office which has to issue appointment letter and in the absence of comments of HR  which has interviewed and recruited you,  subsequent approval for waiver of NOC has not been updated in your personnel file. The onus of proving the verbal transactions has been transferred on you. It is felt that you shall need more than just simple representations to obtain written comments favoring you from this HR and interview committee. You may try and apply exceptional levels of reasoning, persuasion, persistence, negotiation skills and obtain some written comments from them so as to resolve your matter within the organization and avoid litigation. Some one in the interview team may give some comment which may provide relief to you without any adverse effect on any one.

The HO has played safe by making a phone call to you than to correspond in writing even if by email.

You have posted that "I contacted head office and then i was told by email that the appointment letter would be dispatched to me in next 15 days."

You may find some relief in this email mentioned by you.

It is felt that you may approach a competent and experienced union leader of your PSU, service lawyer well versed with rules and precedence of your PSU and who can help you to structure your representations carefully to suit you. You may remain amiable and if required approach good offices of MD/Chairman. They may grant relief.

Dear Sir,

  What help the union will be able to provide me when i have been trying to join Bank of India from my current Central PSU ?

Kindly make me understand. Also, after receiving a call from Head office of Bank of India about the NOC i made a personal visit to the office and had face to face interactions with the HR head. he showed me my file and remark of his senoir stating that "ask the candidate to provide NOC in next 10 days. failure to which would render his candidature cancelled." Furthermore, i provided 2 optios to the HR head from my side :- providing NOC of the current date after resigning from my current employment OR submission of Relieving letter before taking Appoitment letter from bank of India. He told me that he would communcate the message to the appropriate authority and would let me know the status in next 2-3 days. although he said that the chances are very rare as 1 more candidate from MTNL has already been denied of the job on account of the same problem.

Although i have not got the NOC submission or candidature cancellation communication in writing from the bank of india till date. i had received email form the Bank of india HR on 16th and 24th April 2012 stating that my Appoitment letter would be despatched within 15 days. but i am informed of the NOC problem yesterday only over telephone and face to face when i met him yesterday in the afternoon.

kindly help.

"What help the union will be able to provide me when i have been trying to join Bank of India from my current Central PSU ?" You may read it as Union  of the Bank. The employee union can  provide  some precedence if any and inputs.

You have "i provided 2 optios to the HR head from my side :- providing NOC of the current date after resigning from my current employment OR submission of Relieving letter before taking Appoitment letter from bank of India." If you can obtain NOC of current date and if bank accepts it your issue is resolved.You may peruse and get approval.

Sir,

Thanks for your Valuable feedback and timely help and support.

the problem is they are insisting on NOC of the back date i.e of jan 11 / 2012, which is in no way posible. Maximumm i can provide them Relieving letter after resigning from the current organisation. Also i can try to my best to obtain NOC of the current date after resigniong from the services but i am not sure whether they wuld provide me NOC after resignation or not.

As such kindly advise.

Companies do not grant waiver fearing it may become and may be quoted as precedence.

You could have built some favorable ground and record had you communicated in writing.

Since Boss of Head-HR has posted a comment in writing which shall be construed as an order by the Head-HR, company may become rigid even if you reason. The internal efforts of high officials who matter in the organization may work in your favor.

You have not resigned from previous employment. You have indirectly been cautioned not to resign.

It is felt that you can only represent or agitate to good offices. Some competent and experienced service lawyer may still be in a position to weave the case, polish your plaint and help you.

Valuable advice of learned experts/members is sought.

You can conduct Lawyer search on this website also. List of related lawyers is given below on this web page.

Related 'Labour & Service Law' Lawyers

Your query indicates that you did not meet the requirement of the application. It does not matter if you appeared for interview. Your candidate is invalid.

Start written correspondence instead of resorting to verbal talks. Let every incidence of the interview come on the record and see how they can justify not giving you appointment letter after allowing you to appear in the interview and making offer of appointment as against their own stipulated conditions for interview. This would help you to legally claim your appointment.

Dear Sir,
 

    Thanks for yours reply and expert giuidance.  This is to inform you that Bank of India hasnt given any written communication to me in this regard till date since 25th April/12 when i was sent an email saying that the Appointment letter would be sent in 15 days time period.
 

verbal communication happened on 3rd May/12 and i was informed of the NOC issue which i countered immediately and visited Head Office on the same day for more clarification. They showed me my file and the remark of their official mentioning "To give 10 days time period to the applicant for submission of NOC and in the absence of which cancel the candidature."
 

i made it very clear to him and reminded him of the following things at the time of interview and had submitted the xerox copies of the following things to the Local HR officer duly self certified. :
 

a) Submission of my Employer (CPSU) HR manual copy clearly stating that the "Application of probationers will not be forwarded for outside employment during probation period in any condition."
 

b) HR manual stating that "No NOC will be issued to the probationer for outside employment during probation period".
 

c) Copy of Appointment Letter stating the consition of 1 month prior notice or reimbursement of pay for 1 month in case a probationer leaves the service during probation.
 

local HR officer agreed and allowed to appear for the interview. As i wasnot having the original Character certificates 2 in nos. they took an undertaking that i would be submitting the character certifcates in next 1 week time period, which i did in 4 days time period.
 

thereafter i was issued offer letter directly after declaring me successsful on its website. I was asked to report to Howrah Zonal office for Mediacl, documents verification, police verification, character verification etc.. I went to Howrah after taking 4 days leave in my present employment and completed all these formalities successfully. i was also told to pay for medical exam an amount of Rs.2400/- which i paid.
 

Lateron they told me that the Appointment letter would be issued from Head Office in next 15-20 days. When approcahed HEad office i was communicated in writing that it wud get issued in next 15 days but thereafter the issue of NOC was put forward to me on 3rd May/12.
 

On telephonic conversation HR officer told me that there wouldnt be any stand of the Bank and the decision regarding the submission of NOC in next 10 days would be communicated in 2-3 days.
 

You are requested to kindly provide me the expert guidance and help in securing this job. Also let me know the legal options and details of any such case happened in the past.

The arbitration agreement you signed applies only to you; it doesn't apply to an agency that wants to step in and enforce the law. 

You have posted:

--"I cleared the interview and made a name in final Selection list."

Obtain copy of the selection list. If it available on website, take screenshot of the web page and send it from your email id ( mentioned in your resume) to some email id of yours ( if you don't have create another ) and  to HR personnel to whom you have represented. Save the web page on your computer.

--"i was given Offer letter and zone of posting and in which i was instructed to complete the Pre-Recruitment formalities at the Zone of my posting i.e. Howrah Zone." Keep the copy of offer letter, copy of all formalities completed by you, It shall help you.

--"After that Zone HR told me that the final appointment letter showing my branch location would be sent by Bank of India head office in next 10-20 days time period." Put this fact in your representation. It shall help you.

--"As i was not having the original Character certificates 2 in nos. they took an undertaking that i would be submitting the character certifcates in next 1 week time period, which i did in 4 days time period." Retain copy of this undertaking and copy of your letter vide which you have submitted character certificate. You could have obtained acknowledgment on copies under seal and signature. You should include these facts in your written representation.

--" i was also told to pay for medical exam an amount of Rs.2400/- which i paid." You must obtain copy of the receipt. This receipt shall become one of the strongest evidence for you. If you have not been issued any receipt you may apply your resources and obtain receipt number and photocopy.

It is felt that you should place all facts, incidences, and evidences on record to stake your claim for the job.

In the event bank issues a communiqué to submit NOC or bank shall cancel your candidature you shall be left with the option to litigate. It is felt that before it happens you should supply your case detail to Good offices of the bank including Chairman, Head-HR.

You may obtain the expert opinion of your lawyer and proceed as deemed fit.
 

It appears that the Bank of India wants to favor some candidate who in case you will not get the job would secure the job in that Bank.  If NOC is so important, it would have been asked in Offer letter itself which enumerated the list of documents required by you.

"I was asked to report to Howrah Zonal office for Mediacl, documents verification, police verification, character verification etc.. I went to Howrah after taking 4 days leave in my present employment and completed all these formalities successfully. i was also told to pay for medical exam an amount of Rs.2400/- which i paid."

Why didn't they ask you for NOC when they completed the formality of documents verification?
 

Dear Sir,

   Thanks for yours expert feedback. I wish to bring to yours information that they are delaying the final verdict and every time i make a call i get a reply that my case is being discussed with the seniors and the outcome would be intimated to me shortly. This is happening for the past 1 week. Also they arent sending any reply to my emails. Furthermore, i have written email to the CMD as well as GM (HR) for their intervention but from them also i havent received any reply even after 24 hours.

Kindly suggest what to do now. Also, in case they insist on the submission of NOC for Appointment Letter then what should i do ? There is no possibilty of NOC from the current employer as the HR Manula clearly shows that a Probationer cannt be given NOC during the probation period, although he may resigin at any point of time during this period by giveing 1 month notice period or pay in lieu of the same.

Awaiting yours reply

It is very clear they are evading replies from you because they have done a mistake. 

In the advertisement one of the condition says "Applicant working in Govt/PSU should apply through proper channel and produce NOC at the time of Interview. In the absence of NOC they may not be allowed to appear in the Interview."

Hence when they completed the interview process they have deemed to have accorded permission to you by waiving the said condition in the advertisement.  Otherwise you would not have attended interview at all.  Once they allowed you attend interview there is no case for them to prevent you from completing other formalities.  There were several stages where they could have exercized caution with you if they were earnest about your NOC.  During the interview, they could have taken an undertaking from you that your appointment is subject to submission of NOC instead of accepting your HR manual copies relating to your PSU. 

They could have prevented you while you completed formalities during document verification, medical check up etc. saying the documents should also contain NOC.  They did not do that at that stage also.  Later when they sent offer letter, in that also they could have mentioned, your appointment is subject to submission of NOC from your existing Employer.  In the offer letter also they did not mention that point.  And later they have only been informing you orally what is the reason for holding back appointment letter.  All this is happening because they are on wrong side, they know they committed a mistake. 

File a Writ Petition in High Court enumerating the facts of the case.

Dear Sir,

    Extremely thankful to you for providing the deep insights. I wish to confirm 1 thing more from you i.e. At the end of every recruitment advertisement they used to write that "In case of any shortfall / material fact is detected during any stage of the selection process or even after the appointment the candidature of the concerned person would be deemed cancelled and he would be removed from the post" So how strong shall be the my case in case i file a complaint in High Court ? Also, as i havent got any written reply from them i have been waiting for their reply. they are evading the written reply for the past 1 week although they are bound to send the same.

Keep the copy of Advertisement (entire newspaper is needed) to submit as exhibit in High Court when you file Writ petition.  File every document that you received from them in an orderly manner in a separate file and also keep the office copy of every letter you sent them in that file, arrange entire correspondence date-wise.  Send letters only through registered post acknowledgement due and keep the acknowledgement cards pinned to office copies of the letter posted. 

Narrate the paragraphs that I had written in my previous post, as if you have written and request them to give a reasoned reply for not sending appointment letter to you, explaining the reasons for you queries....like, "I would like to know if it is imperative that a candidate be rejected for want of NOC why my candidature was not rejected during interview stage itself"...and so on. 

It should be like a notice for them and they should get the hint /impression that you are likely to move the Court, and you have sufficient knowledge about technicalities of law.  That may motivate them to send appointment letter.  If you still do not get reply within some reasonable period of time say, one or two months, proceed to file Writ petition in High Court.