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Sahil (q)     19 July 2013

Joining on hold ,not having good relieving letter

Dear sir

I was working  with a private bank as a clerk and i tool medical leave of 80 days during my tenure in that bank. after that i got selected in goverment bank as a probaationary officer.but in my relieving letter private bank mention ki i was absent for 80 days and my attitiute was not good. Now my new goverement bank kept my joining on hold,,,, goveremtn bank has writtent letter to private bank for clarity on rleivening letter...but private bank is not replying....goverment bank said they willl not give me joining untill they  got clarity and reply of  letters from private bank what to do in this case?????????????????????



Learning

 13 Replies

Kumar Doab (FIN)     19 July 2013

 

You have posted that:

 

------“ i tool medical leave of 80 days during my tenure in that bank.

Did you submit leave application; do you have its copy, POD, acknowledgment, and approval of leave?

 

Did this bank ever issue any meme, notice, legal notice etc for having absented or abstained from duty or having absconded and if yes did you reply under acknowledgment?

 

 

------“ but in my relieving letter private bank mention ki i was absent for 80 days and my attitiute was not good.

 

Did the bank adjust this leave as LOP in FNF statement issued to you?

Did this bank issue any stinkers, memo, show cause notice on your conduct or misconduct for wrong attitude?

 

-----“ but private bank is not replying’Do you copy of the letters and its proof of dispatch and POD to the bank. Pursue the RTI route to obtain certified copies and also log on to the courier/Indiapost website to obtain the POD of courier/redg/speed post……………

Or obtain the copy of the airway bill of the courier, redg./speed post receipt copy and apply to concerned PO for certified copy of POD and run sheet of the postman (against a fee of Rs.10/)…………………………….

Catch them on wrong foot…………………………

 

Your lawyer may advise you to issue legal notice to the bank………………………and its MD and other culprit employees by name………………………

 

Being a bank it would be covered under (name of the state) Shops and Establishments Act………….

Being a clerk you may be covered as ‘workman’ as in ID Act and ‘employee’ as in Shops and Establishments Act…………………………

Approach labor inspector and Inspector under Shops and Establishments Act………….

 

 

 

If you are in the possession of facts, evidence. Proof…………………sue them and file all kind of complaints by name against vindictive and zealous bank employees………………and let it cost them their jobs and career, punishments, penalty.............

Approach a competent and experienced labor consultant/service lawyer with all docs, spend quality time with your lawyer, give inputs ihn person, understand the merits and proceed undedr expert advise.........................

 

YOu may proceed as deemed fit at your end.

Sudhir Kumar, Advocate (Advocate)     20 July 2013

examined in ddetails by Mr Kumar Doab

Sahil (q)     22 July 2013

Dear Sir

Thanks for your reply

(1) i took these leave in regular interwel , intially i took leave of 7 days , than 45 days, thans  15  and all...evertime i submitted medical certificate along with leave application to my branch manager once i joined back..after medical leave... , branch manager authorise it  and he send all application to their headoffice with our internal bank post....i dont have any acknowelegement because i was submiting it  to my branch manager...i am having 2 to 3 mails in my gmail acount.... of leave application.....but i submitted medical bilss for 45 days and mere salary acount me medical bill k paise aaye the...

(2) they issued me 2 notice , after that i come to know ki they didnt get any letter in their head office....after that when i joined back..i mailed them scan copy with  branch email id...then they authorise this....

(3) i dint get any letter related to my behaviour and all....

(4) my goverment bank directly sent letter to them...i didnt send any lettrr to my banks as of know for relieving and all...i wrote 2 to 3 mail to them , in which i requested them to reply to my goverment bak....

Kumar Doab (FIN)     22 July 2013

 

-------------“but i submitted medical bilss for 45 days and mere salary acount me medical bill k paise aaye the.......’

 

This should be sufficient.

 

“evertime i submitted medical certificate along with leave application to my branch manager 

You must be having proof of dispatch, delivery e.g; AWB of courier, redg. post receipt and you may obtain POD from website of courier/India Post…………………….If it is redg. post you can obtain POD from PO and certified copy of run sheet of postman.

 

--------“they issued me 2 notice……………………………….then they authorise this....”

 

The authorization should be sufficient……………………..

 

---------“ i dint get any letter related to my behaviour and all....

 

Then how come the bank has produced a record on attitude from thin air…………………

 

Approach a competent and experienced labor consultant/service lawyer with all docs, spend quality time with your lawyer, give inputs ihn person, understand the merits and proceed under expert advice.........................

 

 

 

Sudhir Kumar, Advocate (Advocate)     23 July 2013

you are selected by Govt Bank on tha basis of the test and interview conducted by them or by BSRB.  The endorsement of rpivate bank is irralevant.  Partocularly they hvae not mentioned anything that any propceeding was pending. You are being irrationally harassed.

Sahil (q)     24 July 2013

Dear Sir

yesterday my goverment bank took a affidavit from me , in which they wrote the whole story from start to end ,and gave me a appointment letter, but they mention ki i need to submit clear relieving letter before the completion of probation period...other wise they extend my joining or terminate me....probation period is 2 year....

Kumar Doab (FIN)     24 July 2013

 

Kindly throw some light on what precisely is the purpose of posting this information and expectation from it.

 

Become a member of employees union of thge bank whihc are affilliated with  trade unions.

Effective trade union leaders  know precise ways of how to deal with such matters.

It is retierated that: you may Approach a competent and experienced labor consultant/service lawyer with all docs, spend quality time with your lawyer, give inputs ihn person, understand the merits and proceed under expert advice.........................

 

Sahil (q)     24 July 2013

Sir , should i accept the appointment order with this condition...union leader is already suporting in this matter ...but matter is on hold from last two months.....kindly provide your email id , contact details...

Kumar Doab (FIN)     24 July 2013

 

You could have shown the affidavit to your lawyer before signing it. Your lawyer could have suggested some amendments to suit you in the long run.

Have your retained the certified copy of the affidavit signed by you? You should have it.

 

You have already signed the affidavit, and received the appointment letter.

 

What precisely you want to do?

On line discussions have its own limitations.

The lawyer that has seen all of your documents, analyzed the inputs given by you face to face, can advise you best.

 

It is reiterated again that: you may Approach a competent and experienced labor consultant/service lawyer with all docs, spend quality time with your lawyer, give inputs in person, understand the merits and proceed under expert advice.........................

 

 

 

 

Sahil (q)     24 July 2013

Dear Sir

 

Where suld i consult the service layer

Kumar Doab (FIN)     24 July 2013

In case the matter converts into litigation ( with past and current employer) the jurisdiction of courts becomes an issue, between last location of employee, redg office of the company, jurisdictional courts as stated in contract of employment.

 You would need lawyer at your location to understand the merits.

You can access lawyers par excellence in all cities/states mentioned by you.

You have major issues perturbing you from last and current employer.

With the support of the employes union you have obtained appointment letter and grace of 2 years to extract releiving letter from past employer.

 

You can access lawyers par excellence in all cities/states mentioned by you.

 

The language, clauses in the appointment letter would be non negotiable. Still let your lawyer examine the appointment letter before you sign the acceptance.

Check carefully if the current employer has inserted the reference/text of affidavit signed by you in the appointment letter. Request your lawyer to draft some representation (Bearing a unique reference number) that you may submit (under acknowledgment even if with the help of union) and if possible put its reference at the place where you sign on appointment letter. If it is not possible, get on board with current employer......................At any point of time your lawyer would be in a position to handle the issues……………………..and counsel you.

The point is that you should consult in advance.

 

 Just a suggestion: The employees union might be affiliated with a trade union and the union might be in a position to issue notice and pull the management of past employer to negotiating table and drill sense into the heads. Your matter may get resolved in your favor, to your level of satisfaction. However still let your lawyer examines all proceedings and structure the draft of all documents you may submit and you may collect from past employer to suit your interest in the long run.

Utilize the period of 2 years to settle the matter in your favor.

You seem to have a good case. However let your lawyer’s opinion that has examined all of your documents on record and inputs given by you be final on your matter.

 

Be smart.

 

 

 

Sahil (q)     25 July 2013

Kindly suggest some layer

Kumar Doab (FIN)     25 July 2013

 

If you wish to avail the services of LCI lawyer you can conduct search at:

 

https://www.lawyersclubindia.com/lawyers_search/#.UfDLgdKAqWM

 

The related lawyers list is displayed by LCI on the bottom of web page of thread initiated by you. You can contact Pro lawyers.

Advocate Mr. Hemang.D. Rana featured member is from Ahmedebad.

https://www.lawyersclubindia.com/forum/Congrats-to-Hemang-D-Rana-for-being-featured--84729.asp#.UfDMb9KAqWM

 

Your near and dear ones, collegues, friends, community leaders, elders, can also guide you to a competent and experienced lawyer.

Spend quality time with your lawyer and understand the merits before you proceed.

 

For some employees litigation can be lengthy and stressful.


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