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prem chand   19 November 2016

My employer has neither accepted my resignation nor letting


This is Prem Chand and I have been working with a regional rural bank named Uttar Bihar Gramin Bank as Officer Scale-I from June 27, 2011. On June 27 2016, my bank transferred me to a place where there was no transportation facility except self transportation by bike. I was unable to do the latter because I had met an accident in February leading to fracture in leg. I worked there somehow for a month and then offered resignation giving an advance notice for 3 months on 28-07-2016. Unable to walk I went on medical leave from Ist August 2016. The bank sent me a letter to clear some dues including my annual medical allowance. I asked them why should I repay annual medical allowance when I had met accident on duty leading to leg fracture? To this they replied saying that I have to repay all the dues. And  they turned down resignation. In the process three months of notice period has elapsed. When I offered to re -join, they said verbally that now I can't join. I dont know what should I do because they have neither accepted the resignation nor allowing me to re join. Plus they are saying that Iam quite an irregular staff. Please help.


 5 Replies

saravanan s (legal advisor)     19 November 2016

You can make a complaint to the labour commissioner

Kumar Doab (FIN)     19 November 2016

You have posted that:

"To this they replied saying that I have to repay all the dues. '

Relate with your service rules and mediclaim policy, medicla leave policy.

If bank is right pay back or ask to adjsut in FnF statement.

If bank is wrong, then pay under protest and claim later.

Or escalate thru employee's unions.


"Plus they are saying that Iam quite an irregular staff."


If you were not then reply.


"And  they turned down resignation. "


Apparently it is because of first reasons.


If you want to rejoin, then submit in writing, under proepr acknowledgment.

Either resolve by your own skills.


Or escalate as per internal matrix.

Once it fails you can approach appropriate forum.




prem chand   19 November 2016

Thanks sir...can they terminate me as of now....I have been thinking of legal options available to me...what should I do if they don't let me my resignation has, as per their letter, been turned down because they said that I stayed on leave(they say unauthorized absence) after giving three months advance notice....fact is that I was on leave b'coz of my medical condition....what chances do I have in court? Also they had transferred me against the normal tenure of three years to a branch which already had sanctioned staff strength...after being transferred, I had request to reconsider my transfer but to no avail....should I move to court?

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

First make up your mind whether to join the bank or not.  If you want to join the bank - whether they replied in writing that they turned down your resignation? If so, you are entitled to rejoin the bank.  For that you join the bank and give report letter.  If they refuse you to join and accept your reporting letter, then you send the report letter by speed post, narrating that as they refused to accept your resignation you reported for duty, but they refused to allow you to resume duty and receive the report letter.  Get the tracking record of speed post on line, and send a legal notice giving them 15 days notice.  After that, file a writ petition in the H.C. as you are a Class I bank officer and do not go to labour court, because that your case does not fall in that jurisdiction.  If you do not want to join bank, simply put down on paper how much dues you are entitled and send a legal notice to them.  If they won't pay your legitimate dues, then file a civil suit for recovery.  If you have any further query, you can contact us on the above mentioned mobile number for free legal advice.

Kumar Doab (FIN)     19 November 2016

Submit everything under proepr acknowledgment.

Hope you have submitted leave application under proper acknowledgment.

Transfer can be contested if malafide.

Have you tried thru bank employee's unions also!

Remain amiable and gentle.


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