• Is it legal that my company is not providing me relieving letter

I have been working with a PSU bank since 2015. I was in probation for 2 years and still in my probation period. I had gone on unauthorized absence on 16 august 2016. I have not taken salary for the period I have not worked.I received letters from them to join job or actions will be taken against me. I have sent my medical certificate upto the period of october 2016. After that I requested them to temporary transfer me at hometown for a period of 4-6 months. I also stated " I am hopeful to join my service in March 2017". I did not get any reply from them till may. Somehow, I missed the mail and I just saw it one week before.My absence was because of an emergency and I have not taken employment anywhere yet. Now I want to resign from my bank. I am ready to pay all my obligations as per agreement letter. I have called my HR manager twice. I mailed them and I also sent my resignation by post. Every time My HR manager cut off the phone. I  also sent my resignation through post. 
I am ready to pay all the obligations on part of me i.e, 3 months salary. They had already forfeited my FD of Rs 80,000. I asked once to break my FD and transfer to my salary account. But I did not get any response from them. They have kept my money and still not relieving me.
Do they have right to withhold to my relieving? I have been shortlisted for another exam. Now they are asking me whether I have worked for Government of India or any PSU. As I am in probation and taken the salary only upto august, I wrote that Yes I was employed till August 2016. Nowhere Relieving date is asked and If I would say that yes I am still employed they are asking NOC from present employer. What course of action should I follow? Please advise.
Asked 4 months ago in Business Law from Udaipur, Rajasthan
Since you have remained absent unauthorisedly the bank can take disciplinary action against you 

2) it is at discretion of employee to give you relieving letter . You have remained absent for more than a year . Employer is not bound to give you relieving letter 

3) best option is to go and visit the bank personally and try to arrive at an amicable settlement 
Ajay Sethi
Advocate, Mumbai
37707 Answers
2114 Consultations

5.0 on 5.0

You have stated that you are not working since August 2016
In the given situation have you confirmed that whether the bank has terminated your services or dismissed you etc?
Have you sent your resignation letter by registered post with AD?
If not send it immediately and mention that you are ready to pay for the notice period?
Await their rely, if yo dont get a reply send a lawyer's notice demanding acceptance of resignation and also relieving letter.
After that you can initiate suitable legal action. 

T Kalaiselvan
Advocate, Vellore
27670 Answers
287 Consultations

5.0 on 5.0

1. if there is any rule that provide limitation period for acceptance of resignation then after lapse of such time period you shall be presumed that resignation letter has accepted and you'll be relieved from the job.

2. try to contact HR for clarification about forfeiture of FD. you should send a notice that whether such forfeiture shall be deemed that i have been relieved. 
Shivendra Pratap Singh
Advocate, Lucknow
4713 Answers
66 Consultations

4.9 on 5.0

Since you have remained absent unauthorsedly  your employer can terminate your services 

2) issue the bank legal notice to issue you relieving letter as you have resigned from services and offered to pay your dues for unauthorised absence 
Ajay Sethi
Advocate, Mumbai
37707 Answers
2114 Consultations

5.0 on 5.0

You may issue a legal notice demanding your reliefs including reliving letter after proper resignation if your services have not been terminated.

You will get a reply  after which yo can pursue the further legal actions
T Kalaiselvan
Advocate, Vellore
27670 Answers
287 Consultations

5.0 on 5.0

1) it is better you rejoin the bank 

2) submit your resignation and serve the 3 months notice period 
Ajay Sethi
Advocate, Mumbai
37707 Answers
2114 Consultations

5.0 on 5.0

Please suggest Sir what are the chances that Bank will relieve me and also advice for further action If bank did not reply.

The bank may initiate disciplinary proceedings for having not replied to the notice served on you.
the bank is not bound to reply to your fancied letters with vague reasons. 
In fact the bank's tolerance towards your unauthorised leave so far is a great thing, especially when the bank has still given you opportunity to rejoin which were neglected by you.



One more query: what will be the consequences if Bank did not accept my resignation and instead terminate me. I read one judgement of Supreme court , "A government employee, who remained absent unauthorisedly from duty, can not be proceeded against until, the authorities proved that his absence was willful and was not result of some compelling circumstances".

The bank will be able to prove before court that your leave was unauthorised and it was willful and intentional especially when you refused to get referred to the  doctor for medical evaluation.
There are lot of technical flaws in your side which would lead to termination of your employment and you may not be able to defend yourself.
However even now you may send your resignation by registered post and demand your relieving letter as well as you may express that you are ready and willing to adjust the notice period payment from the FD held by the employer hence you may be relieved accordingly.

If this fails to fetch proper response or fruitful result then you may plan to initiate legal actions as per law on this
T Kalaiselvan
Advocate, Vellore
27670 Answers
287 Consultations

5.0 on 5.0

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