• Non confirmation in service and non sanction of increment

I am working for a public sector bank for the last 4 years. I have joined the service on Nov 2014 in another public sector bank which got merged in a large public sector bank on April 2017. As per my appointment letter my services was to be confirmed in 1year maximum can be extendable up to 1 year.
But unfortunately due to medical reasons I was in loss of pay leave for six months from August 2016 till December 2016 . Before my going in leave I was never told that my services are not confirmed or it has been extended nor any reason was provided for non confirmation. During the merger process I was in maternity. After my joining back in service when I was going to apply for inter circle transfer I was then only informed by the fact that my services are still pending for confirmation. This is matter of September 2017. Though I was very surprised by the fact that I have never been informed about any extension in service still I requested my immediate reporting authority to go ahead with the process of confirmation and also sanction of my annual increment which was pending for long, though it has nothing to do with confirmation. Even after repeated mail to higher authorities my grievances has never been redressed. After my all resources exhausted I finally gave my resignation from service mentioning all my grievances. But the resignation was rejected stating I need to give an unconditional resignation. Finally I have an unconditional resignation after repeated mental torture from my employer. I want a justice in this case. I have a 1years son my husband is posted at a different place. It's very difficult for me to fight with my employer in this circumstance. Kindly help me.
Asked 11 months ago in Labour from Bokaro Steel City, Jharkhand

1) You can file case against public sector to concern authority in labor court. Along with all points mention above and send summons to them make party to both banks as well.

Ganesh Kadam
Advocate, Pune
8273 Answers
69 Consultations

4.9 on 5.0

Please note that as you have rendered your unconditional resignation. I am afraid that the same will be a ground for rejection of your interest. Do let me know if you are in possession of any Mail, transcripts, letters or communication suggesting the delivery of an unconditional resignation, for me to advise.

Rohith Kamath
Advocate, Bengaluru
6 Answers

Not rated

You cannot fight against the organization after quitting it that too unconditionally.

You should have fought for your rights while you were inside.

Any action taken now may be looked down as an of vendetta without any valid reason hence may not be entertained by the legal forum.

However you may consult a lawyer practising labor law and may proceed on his advice.

T Kalaiselvan
Advocate, Vellore
58941 Answers
747 Consultations

5.0 on 5.0

With the evidences in your possession you may go ahead with the proposed case either by a writ petition or through labor court, but remember that you may have to establish the fact of having forced you to put down your papers under pressure through documentary evidences.

 

T Kalaiselvan
Advocate, Vellore
58941 Answers
747 Consultations

5.0 on 5.0

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