Hi team, My friend was working with a private bank, considered the number one bank. He faced a vigilance inquiry due to a complaint from a clever person. The matter was already sub-judicial in the honorable court and under trial. The bank conducted an inquiry and declared my friend guilty of misconduct. His boss demanded my friend's resignation over the phone, citing their action against him in the vigilance inquiry. The resignation was obtained from him via email without a digital signature, bypassing the bank's exit policy. He was relieved with immediate effect, without any notice period or salary.
When my friend approached the labor commissioner, the bank changed its stance. They claimed an inquiry had been conducted, he was found guilty of misconduct, but before any action could be taken, he voluntarily resigned from service. The bank accepted his resignation and waived his notice period, citing discretion allowed in the appointment letter. The resignation was taken in breach of the bank's resignation policy, without an exit interview or charge handover. Can my friend fight in court for his illegal removal and seek compensation?
From India
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When my friend approached the labor commissioner, the bank changed its stance. They claimed an inquiry had been conducted, he was found guilty of misconduct, but before any action could be taken, he voluntarily resigned from service. The bank accepted his resignation and waived his notice period, citing discretion allowed in the appointment letter. The resignation was taken in breach of the bank's resignation policy, without an exit interview or charge handover. Can my friend fight in court for his illegal removal and seek compensation?
From India
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Advise your friend to avail themselves of the services of a good lawyer, as the bank is not likely to 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 matters.
From India, Mumbai
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1593From India, Mumbai
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Dear Deepak, I don't want to disappoint you, but keep in mind that only a few points are in favor of your friend. Private banks follow a strong sequential documentation process, so they will also fight in court. Yes, your friend can fight against this, but not individually, and it may take a long time. I suggest he hire a good lawyer who can represent him and present all of his options.
Good luck!
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Good luck!
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
Resignation Letter.jpg
Resignation cum relieving letter.doc