Hi team, my friend was working with a private bank - no.1 bank. He has faced a vigilance enquiry against one complaint of some clever person. The matter was already sub-judicial in the hon'ble court and under trial. Bank conducted an enquiry and declared my friend culprit under misconduct and his boss on the phone demanded my friend's resignation as per er action against my friend in vigilance enquiry. The resignation was taken from him under gunpoint by mail without a digital signature and set aside bank exit policy and relieved him with immediate effect without giving any notice period time and salary.
When my friend approached the labour commissioner bank took a u-turn and replied that an enquiry was conducted and the person found culprit under misconduct but before the bank could take any action employee voluntarily resigned from service and the bank accepted his resignation and waived his notice period as the bank had the discretion to do so as per appointment letter. The resignation was taken by breaching the bank resignation policy and without an exit interview and without any charge handover. Can my friend fight in court for their illegal removal and compensation?
From India
When my friend approached the labour commissioner bank took a u-turn and replied that an enquiry was conducted and the person found culprit under misconduct but before the bank could take any action employee voluntarily resigned from service and the bank accepted his resignation and waived his notice period as the bank had the discretion to do so as per appointment letter. The resignation was taken by breaching the bank resignation policy and without an exit interview and without any charge handover. Can my friend fight in court for their illegal removal and compensation?
From India
Advise your friend to avail service of a good lawyer, as the Bank is not likely retract from the position it has taken and judicial remedy is the only answer. Since the criminal case is progressing, it is necessary to take a uniform stand in both the matters.
From India, Mumbai
1530From India, Mumbai
Dear Deepak,
I don't want to disappoint you but keep in mind that only a few points are in favour of your friend. and Private banks are following sequential strong documentation process so they will be also fight in court.
Yes your friend can fight against same but not individually and it may take long time., suggest him to hire a good lawyer that he can represent and put all of your options.
Good Luck!
I don't want to disappoint you but keep in mind that only a few points are in favour of your friend. and Private banks are following sequential strong documentation process so they will be also fight in court.
Yes your friend can fight against same but not individually and it may take long time., suggest him to hire a good lawyer that he can represent and put all of your options.
Good Luck!
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Resignation Letter.jpg
Resignation cum relieving letter.doc