Legal Question in Employment Law in India

Dear Sir

After issuing charge sheet I was compulsorly retired from the services of bank on sept 1998. My appeal for reinstatement was pending .I was asked to submit letter with wordings: I MAY BE ALLOWED TO RESIGN IN CASE REINSTATED.

i DID SUBMIT THIS LETTER on 19/12/98. I got reinstated back in to services of bank on 28/12/98 when reported for duties.I was not paid any wages from sept to dec.

But i was relieved on 28/12 98 itself stating that my resignation accepted.

My letter dated 19/12/98 was treated as resignation.

My question is that i got reinstated on 28/12/98 so how can letter dated 19/12/98 when i was not in service be treated as resignation when i was not in service. bESIDES THAT LETTER WAS NOT HAVING ANY DATE OF GETTING RELIEVED WHICH IS A MUST FOR ANY RESIGNATION.sECONDLY RESIGNATION WITHOUT ANY REASONS MEANS REsIGNATION UNDER DURESS.

pLEASE ADVISE. AS AFTER OBTAING LETTRS UNDER rti I HV FILED lpa WHICH WILL BE HEARD ON N MERITS AS IN RTI BANK HAD SUBMITTED THREE DIFFERT VERSIONS ON MY RELIEVING \

1. i WAS RELIEVED BY ACCEPTING MY RESIGNATION SUBMITTED BEFORE ISSUE OF CHARGSHEET . tHAT RESIGNATION WAS REJECTED IN WRITING . tHAN THEY SAID IN ANOTHER LETTER THAT I WAS REIVED ON THE BASIS OF OFFER DATED 19/12/98.tHAN FINALLY IN LEGAL NOTICE REPLY THEY SAID I WAS RELIEVED BY ACCEPTING MY RESIGNATIUON SUBMITTED ON 28/12/98.i DID NOT SUBMIT ANY RESIGNATION ON OR AFTER 28/12/98 WHEN I GOT REINSTATED.

pLEASE ADVISE ON THE APPLICABILITY OF MY LLETTER DATED 19/12 98 AS RESIGNATION EVEN THOUGH I WAS NOT IN SERVICE ON THAT DATE AND THERE WAS NO MENTIONED OF RELIEVING SO IT WAS WITHOUT ANY RELIEVING DATE SO HOW IT CAN BE TREATED AS RESIGNATION EVEN IF I WAS IN SERVICE ON THAT DATE FOR ARUMENTS SAKE.


Asked on 8/31/13, 11:10 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

01.09.2013

Dear Sir / Madam,

Your points and arguments are logical and absolutely valid. Now you should fight even more firmly and strongly against the bank, and also claim compensation for the bank deliberately defaming and degrading your reputation and status in the eyes of fellow bank employees. Teach the bank a good lesson.

Regards,

Read more
Answered on 9/01/13, 8:15 am


Related Questions & Answers

More Labor and Employment Law questions and answers in India