I am a Scale-I officer in a PSU bank. I joined the bank in July 2017. I'm currently under probation.
After joining the bank, I soon found that I couldn't handle the workload as well as the type of work I was allotted. Also, I was posted in a remote village where Naxalites lived.
Therefore, I submitted my resignation letter in September 2017. My exit interview was conducted the next day. I had mentioned in the letter that I was giving 3 months' notice to the Bank. I had also agreed to paying the Security deposit of Rs. 1,00,000/- (Out of which 10,000 had already been paid).
During my notice period, I fell ill and the doctor diagnosed Jaundice. So, I informed my Bank about that and left for home.
It took me fairly long to recover fully. In the meantime, my notice period had passed. I contacted the bank's HR and I was told that my resignation had not been accepted by the Head Office (Mumbai) yet. They told me to send the fitness certificate by email. They said that since I was absent during my notice period, my absence had to be 'regularized' by HR and after that, I'd get my relieving letter.
PLEASE NOTE that I haven't joined the bank even after getting fitness certificate from doctor. This is because my notice period has passed and also because I was told by HR that my resignation would be accepted by HO soon.
However, yesterday I was told by HR that since I was absent during my notice period, my resignation has not been accepted. They told me that I will have to work with the Bank for 3 months from now.
Can they really force me to work for 3 months even though my notice period has already passed?
My appointment letter says,
"On confirmation in the service of bank, your services are liable to be terminated by 3 months notice or on payments of 3 months emoluments in lieu thereof. If you are desirous of leaving the services of bank after your confirmation, you shall give 3 months notice in writing to the bank"
Also, during the appointment process, they made me sign some terms and conditions which state -
"During the period of your probation including period of extension, if any, your services are liable to be terminated at the the sole discretion of bank without any reason being assigned by one month's notice or payment of one months emoluments in lieu thereof. If you are desirous of leaving the services of the bank during the period of probation including the period of extension if any, you shall give 3 months notice in writing to the bank."
As far as I can understand, I am supposed to give 3 months' notice to bank and the Bank will relieve me after 3 months. But since I was ill, I couldn't work during that period. Can they force me to work for 3 months? Or, am I eligible for relieving letter since I have given notice and the notice period has passed.
Please advise. Thanks in advance.