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Anil Kumar (N.A)     04 November 2012

notice period in probation in psu bank ?

are public Sector banks are covered by Shops Establishments acts. if a psu bank has head office in haryana and employee (permanent resident of Delhi and physically challenged) is posted in Gujarat . then how that employee can seek redressal of grievance regarding resignation during probation period ? what is notice period during probation in psu banks?


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 10 Replies

Anil Kumar (N.A)     04 November 2012

bank has posted 8 out 10 candidate in Delhi . but he has been posted in Gujarat. and he has given his resignation with 1 month notice , bank has not replied till expiry of notice period given by employee . employee had requested the bank for his posting as per government guidelines through several letters and e-mails but bank did not send a single reply to those requests.

Kumar Doab (FIN)     04 November 2012

You have posted that:

--“are public Sector banks are covered by Shops Establishments acts.”

It is felt that banks are covered under commercial establishments.

 

Can a Nationalized Bank claim exemption from the provisions of the Act?: A Nationalized Bank is not an establishment of the Central Government nor is there any specific exemption from the provisions of the Act for Nationalized Banks as in the case of the Reserve Bank of India and the State Bank of India. A Nationalized Bank cannot, therefore, claim exemption from the provisions of the Act.

 

SE Act Delhi:

 

1.          Definitions.

(5)   “commercial       establishment”   means   any   premises   wherein   any   trade,   business   or profession or any work in connection with, or incidental or ancillary thereto is carried on and includes a society registered under the Societies Registration Act, 1860 (21 of 1860), and charitable or other trust, whether registered or not, which carries on any

              business,   trade   or   profession   or   work   in   connection   with,   or   incidental   or   ancillary               thereto,      journalistic    and     printing    establishments,        contractors      and     auditors               establishments,   quarries   and   mines   not   governed   by   the   Mines   Act,   1952   (35   of                1952),   educational   or   other   institutions   run   for   private   gain,   and   premises   in   which

              business of banking, insurance, stocks and shares, brokerage or produce exchange is               carried on,

--“then how that employee can seek redressal of grievance regarding resignation during probation period ?”

Employee may refer to the advertisement of the bank for employment, job application, appointment letter and conditions on notice period/pay, termination/separation/resignation, standing orders of the bank, service rule book and represent to good offices of appointing authority, MD, Chairman, with copy of resignation and its POD and submit reminders, and seek relief.

If the notice period has expired employee ha served the notice period and should be advised to handover the charge, and complete the exit formalities.

Apparently if bank neither acknowledged the notice of resignation and nor accepted then it may claim resignation was not accepted and declare the employee absconding if employee has not completed/has not been advised to complete the exit formalities.

Employee should retain the POD of each representation.

If the bank is under preview of RTI employee can raise RTI application.

Has the employee signed any service agreement/bond with the bank?

--“physically challenged”

Employee may refer to the advertisement of the bank for employment, job application, appointment letter, standing orders of the bank, service rule book and go thru the policy of the bank pertaining to the posting/transfer of physically challenged employees.

--“ employee had requested the bank for his posting as per government guidelines through several letters and e-mails but bank did not send a single reply to those requests.”

What are the government guidelines???

Has the bank violated these guidelines???

The good offices may provide relief. Copt of these guidelines may be attached with original representation to good offices.

If one and all in the bank is maintaining studied silence this should imply that bank has decided not to answer the legitimate queries of the employee and is trying to pass the onus on employee and is indirectly pushing the employee to initiate the litigation.

The employee should rope in Union of employees of the bank and endeavor to issue the notice under seal and signature of the President/Secretary. The union should have copy of standing orders and might have placed it on its portal. Employee can also demand copy of the standing Orders against a nominal fee say Rs.10/. Bank has to display the standing orders near the gate/entry.

 


Attached File : 848181509 delhi shops & establishments act, 1954.pdf downloaded: 136 times
1 Like

Anil Kumar (N.A)     04 November 2012

thank you sir for your valuable reply the government guidelines provide that physically challenged candidates should be alloted posting in their hometown . only in case of administrative exigencies , an outside posting may be alloted. i have sent letters and E-MAILS as well with copy of these guidelines attached thereto. i gave notice of my resignations on 08.10.2012 and sent it HR department through registered post and email as well. on 23.10.2012, i received a letter dated 25.09.2012, which said that my request for transfer to hometown can not be considered. they did not cite any reason and wrote that i have already been informed by letter on 04.09.2012, but actually no such letter was received by me. the letter received on 23.10.2012 ,was the only communication that i received from bank. sir, service rules regarding termination are as following in the bank : 1. during probation period - (a). termination by bank - 1 month notice or pay in lieu thereof. (b). resignation by employee - no provision. 2. otherwise : (a). termination by bank - 3 month notice or pay in lieu thereof. (b). resignation by employee - 3 month notice . (no option for pay in lieu thereof). there's service bond of Rs. 2 lakh for service of 2 years. No training has been provided by bank. i joined bank on 14.05.2012.

Kumar Doab (FIN)     04 November 2012

You have posted that:

--“government guidelines provide that physically challenged candidates should be alloted posting in their hometown .”

Are these guidelines for public sector/nationalized banks?

“only in case of administrative exigencies , an outside posting may be alloted.”

Does this policy on exigency applicable to physically challenged employees?

Or the bank has to choose from pool of candidates who are not physically challenged?

Logic would demand that employer should spare physically challenged candidate.

It is felt that bank appointed you on your first assignment after selection outside your hometown/native district.

Did you request the bank during your first appointment to assign you in your native town/district, and did you raise such request before signing the acceptance of appointment and on bond? You should have.

--“i received a letter dated 25.09.2012, which said that my request for transfer to hometown can not be considered.”

“i gave notice of my resignations on 08.10.2012 and sent it HR department through registered post and email as well. on 23.10.2012,”

Apparently aggrieved by this letter you have tendered resignation.

However what are the reasons expressed by you in your notice of resignation?

--“they did not cite any reason and wrote that i have already been informed by letter on 04.09.2012, but actually no such letter was received by me.”

You may demand certified copy of both of this letters and its proof of its dispatch and delivery.

You may also lodge a request to allow you to examine your personnel file maintained by your employer at its HO and any other office and grant appointment to do so.

How the other letter was dated 25.09.2012, sent and supplied to you, by ordinary post or courier or redg. post?

 

--“service rules regarding termination are as following in the bank : 1. during probation period - (a). termination by bank - 1 month notice or pay in lieu thereof. (b). resignation by employee - no provision.

If you were under probation on the effective date of your resignation, the notice period/pay applicable to you should be 1 month as applicable to your employer.

As you have served the notice period, notice pay should not be applicable to you, however as you have signed the service bond by your free will bank shall demand penalties described in bond. This may be the reason that bank has not supplied you the acknowledgment and acceptance of your resignation.

Has the bank raised and demand to you that you need to tender any amounts as expressed in bond or any other amount e.g. notice pay?

If the bank has sent other two letters by normal post you have reasons to believe that bank may claim that some letter/notice was sent to you, hence you may demand that bank may let you examine your personnel file.

If the bank is under preview of RTI employee can raise RTI application, to examine your personnel file and to get copies of the docs.

Bank might have inserted some documents in your personnel file, and bank may take out these at any time.

It is felt that you should have rather represented to the good offices than to HR who in majority of the cases is not unbiased and feel that their only duty is to implement the tantrums of their masters and serve them.

--“2. otherwise : (a). termination by bank - 3 month notice or pay in lieu thereof. (b). resignation by employee - 3 month notice . (no option for pay in lieu thereof).”

If you were under probation the clause applicable as in probation should apply.

--“ there's service bond of Rs. 2 lakh for service of 2 years. No training has been provided by bank.”

You have to handle this bond.

If no training has been imparted bank may not succeed in recovering training expenses.

Bank may rather press for liquidated damages; however bank may have to prove the expenses.

You may show all documents in person advertisement of the bank for employment, job application, and appointment letter, standing orders of the bank, service rule book, policy of the bank pertaining to the posting/transfer of physically challenged employees, bond to a competent an experienced labor consultant/service lawyer and give inputs in person.

You may have to agitate at your last location. Your lawyer may opine that you may have a chance to agitate at your hometown.

However before you quit or bank sues you; you may submit carefully structured representations to cover the loopholes left so far by you and tilt the record in your favor.

You may try to seek an appointment from good offices and meet them and put up your case for relief. If good offices agree you can withdraw your resignation {if not accepted so far} and good offices may transfer you. That is what your aim was. YOur lawyer may help you to successfully twist your case in your favor.

If no relief is granted you should be able to look into your personnel file, and you may have to approach a lawyer and defend you.

Transfer related ciculars on subject of posting/transfer of physically challenged persons.

Delhi Judgement

IN THE HIGH COURT OF DELHI AT NEW DELHI,LPA 74/2005,03.08.2005

V.K.BHASIN

VERSUS-                   .     -                             .       .

 

STATE BANK OF P ATI ALA and ORS

You may find the attachments as useful.

 

 

 

 


Attached File : 848197650 417759075 validity of employment bonds.pdf, 848197650 background paper.pdf, 848197650 transferrelatedmatterinthehighcourtofdelhiatnewdelhi.docx downloaded: 268 times

Kumar Doab (FIN)     04 November 2012

Transfer related ciculars on subject of posting/transfer of physically challenged persons


Attached File : 848197650 ttansferrelatedcirculars.docx downloaded: 99 times

Kumar Doab (FIN)     04 November 2012

You may also try and see if there is an office of Chief Commissioner for Persons with Disabilities of India, and seek guidelines as an affected individual and what are the privileges and protections available for you, including posting at your native town and exclusion of bond.

The link is :

www.ccdisabilities.nic.in/

Anil Kumar (N.A)     05 November 2012

sir, with respect to your 2nd reply in this thread, i have following points : 1. The guidelines(Issued by Ministry of Finance, dt: 15.2.1988 , also discussed in attached case file of V.K. Bhasin Vs. State Bank of Patiala) are applicable to every public sector banks. And there is similar DOPT instructions too, for other public sector undertakings. 2. The guidelines are only for physically challenged employees and thus not applicable tom others. 3. my 2 week joining was in delhi(my hometown) and on the first day i signed the bond. After that group of 10 candidates were allotted posting. Out of 10, 8(non physically challenged) were given posting in delhi/ncr and i was posted in Surat. Yes, i did request the bank for appointment in my hometown , but the same was done orally and banks senior management assured me orally that if i face any problem outside hometown, they will help me out. But i have been requesting them since July via post and e-mail, but not a single reply received from their side. 4. I had given notice of my resignation before receiving their letter dated: 25.09.2012. Please note that this letter was received in my branch on 23.10.2012 only and it seems that this letter was sent by HR deptt. After receiving my resignation dated: 08.10.2012. 5. The letter dated: 25.09.2012(received on 23.10.2012) was opened by the branch manager , where i am posted and the entry of the same is registered in the inward despatch register of the branch. 6. Bank has not raised any demand neither bond nor notice pay. Actually bank has not replied anything in response to my resignation letter till yet. 7. I have represented to the good offices, even personally met them in august in the head office of the bank, but they only said they will see and not replied constructively. 8. Although no training is imparted, can bank ask for expenses that it might incur in recruiting employee in my place. However, i can prove that bank did not incur more than 10000 rupees in recruiting me. sir, kindly advise me how should i proceed now, since my notice period of 1 month is almost over and bank has not replied anything .

Kumar Doab (FIN)     07 November 2012

First of all kindly choose what you are aiming at Transfer to your Native Town or acceptance of resignation without having to pay the bond money as described in the bond. It is difficult to interpret what shall be the action of your management. Apparently it has erred and you have gathered evidence, documents and record, and you have represented to the management. If the management has realized that it has erred then who is to b be blamed and made a scapegoat? No one shall come forward to fall under the axe.

In such a situation usually management, personnel, HR, line management instead of remaining unbiased and peruse just and professionally correct decision form a gang and become suspicious, vindictive, biased. It should not happen but it happens.

It is difficult to under stand in on line discussion what is the difficulty in granting transfer to Delhi where the bank may have vacancy {ies}? You re in the establishment and you are closest to the facts. Do you evidence that the bank has vacancy in your hoewmtown?

Either it is obtaining legal opinion or has obtained or it has decided to maintain studied silence without legal opinion and thus unnerve you and let you leave without obtaining acceptance of resignation and become prone to being declared absconding and having caused misconduct and then push you to approach court of law or succumb to the will and wish of management. The management may decide to declare you absconding, violating the conditions of bond and not to relieve you honorably by issuing acknowledgment/acceptance of resignation, FNF statement, Form 16, work experience/service certificate, relieving letter, PF number, PF accumulation report, NOC/NDC, certificate of handover and having completed exit formalities etc.

This shall affect your future employability. You must defend your interest ferociously and do it better than your management.

The line management is known to not to grant waiver {e.g. from Bond money} as it may become a precedence. Hence studied silence is maintained and employee is coerced and pushed to litigate.

Do you have any written communication stating that you have to join in Delhi, and thereafter another communication stating that you have to join at Surat ?

Do you have evidence of 8 out of 10 physically able candidates being appointed at Delhi?

Has your bank mentioned your HQ in the bond also signed by you on first day?

Have you mentioned/narrated in any of your subsequent representations in writing that you had represented to Mr/Ms…….designation………dept….address…..on dated…….that you should be posted at your native town as per rules and you were assured for the same and  that you had been clamoring to get posting at your native town.

The oral response was that if you face any problem then you shall be transferred, however this may again be erroneous if rules were not followed.

You have posted that “But i have been requesting them since July via post and e-mail, but not a single reply received from their side.” You may look into these and fine-tune your representations as deemed fit and in line with your aim at the moment.

You have posted that “i received a letter dated 25.09.2012, which said that my request for transfer to hometown can not be considered. they did not cite any reason and wrote that i have already been informed by letter on 04.09.2012, but actually no such letter was received by me.”

You could have cited the rules and sought relief from good offices. You have mentioned there are rules for both posting and transfer of physically disabled employees. You could have cited the difficulties you are facing at Surat.

You have posted that “Please note that this letter was received in my branch on 23.10.2012 only and it seems that this letter was sent by HR deptt.” And “The letter dated: 25.09.2012(received on 23.10.2012) was opened by the branch manager , where i am posted and the entry of the same is registered in the inward despatch register of the branch.”

Apparently the letter is backdated or kept in drawers by someone willfully/intentionally who wanted to play mischief. You may obtain the copy of inward register for future use. If you decide to contest you may obtain all facts, certified copies, docs thru RTI. You can also obtain a response from your BM even if by email. Since your letter was opened by BM you can address a representation to BM for another letter and let him respond that only one letter dated….was received in the bank, on dated…. And it has been handed overt to you and no letter dated…..was ever received. You may be having issues but remain amiable, gentle and keep your line management with you.

If bank has not accepted your notice of resignation in writing, and if it has not inserted any document in your personnel file {you must check on this, as bank has issued back dated letter and has claimed that another letter was sent to you but it has not reached you.}, you are not relieved and your notice has expired. You may look into your personnel file and place on record that your resignation has not been accepted as on dated….You can submit a fresh notice as per your future course of action and declare that previous notice stand s withdrawn as it has expired.

The above is heartfelt opinion. You may show all of your docs, facts, to a competent and experienced labor consultant/service lawyer, give inputs in person, firm up the action you want to take and submit carefully structured representations to line management, good offices, to suit you in the long run.Do not haste. If your union cam mediate it is feltt hat there is nothing wrong in it. However you may contemplate that if your resignation is accepted and your are asked to pay the bond money to get proper releiving once again you are landing in a conflict and the management shall transfer the burden on you.

Apparently you have favorable record and this may be the reason the management is maintaining studied silence and want you to err. You should not err.

Valuable advice of learned experts/members is sought.

 

 

 

Kumar Doab (FIN)     07 November 2012

You may find the attachment useful.


Attached File : 202182635 notice of resignation 3305 1.doc downloaded: 137 times

Anil Kumar (N.A)     09 November 2012

dear sir, once again thank you for valuable advice. i would like to state that now acceptance of resignation and getting NOC is what i am looking forever. 8 out of 10 have been posted in hometown. and i know that since they all are my friends. not only that, even after my posting, bank recruited few candidates and alloted 8 of them posting in my hometown. so bank can not say that they did not have posting there. however, bank can say that they have provision in my appointment letter and bank's service rules that says a candidate can be posted anywhere in India. but those are the general provisions and should not override govt. instructions issued for particular category of candidates. so now since my notice period has expired and no communication is received from bank's side in reply to my 3 letters asking for acceptance of my resignation. so i have decided to leave now and consult a lawyer in Delhi. although i today regret to have joined the bank, but still i am very much thankful to you for your valuable advice. please also advise me how should i go ahead now. do you have office in Delhi, sir ? regards,

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