See bank can seek the specific performance.of.the agreement and can ask you to complete the notice period alternatively can claim damages along the 3 month salary. Also bank can refuse to accept the resignation.

it is at discretion of bank to waive the notice period and accept salary in lieu of notice period 

2) if bank refuses you have to serve the 3 months notice period 

1. Yes, since stipulation makes it optional to accept money in lieu of service for notice period, you can not force the Bank to allow you not serve the notice period.

2. Well, it appears that your last date of service was also approved and if that is so then Bank can not force you serve anymore.

3. Now you can adjust the notice period with your salary and after that if you arr entitled to any sum of money you can  sent the a legal notice seeking the same and if it is not paid then you can take legal recourse.

1. Since bank has the discretion to accept salary in lieu of notice period you will be bound to serve the notice period if the discretion is not exercised in your favour.

2. Furthermore, as there was no written acceptance from the employer regarding the last date it cannot be said that notice period has been waived by the employer.

3. The right to seek relieving accrues to you only if you resign in accordance with contract i.e if you serve the notice period. The employer will be at liberty to sue you for damages.

You should continue going to office since you need your relieving letter 

don’t antagonise your employer 

compkete 3 months notice period then join other organisation 

See if the resignation was accepted and there was no remark or information as to last date in same then technically last day should be 10 of January only but see it would be better in my view to complete the notice period as if we go for contesting things it can take more time so you can complete notice period can take resignation and your full and final payment.

1. As per the information mentioned in the present query, makes it clear that the clause of the bank is in itself arbitary in comparison to the basis foundation of making an agreement.
2. At one bank, talks about the gross salary in lieu of the notice period then it turns up to day that this isn’t also discretion of he bank to accept that condition or not, resulting putting the employee in a situation of going no where.
3. And in fact, the mails that have been sent to you are in itself sufficient to say that bank has accepted you resignation plus he last date of working as they normally do going with their agreement being the discretion power being with the bank only.
4. You may have to approach the Hon’ble High Court under a Writ Jurisdiction of Mandamus as per Article 226 of our Constitution, seeking immediate relieving letter, but may contest further on the arbitary clauses of the bank.

Rest, if you like my answer then you am consult me through Kaanoon, for further legal assistance.

Good Luck...!

Relieving Letter is given when you are finally relieved from the job. Before that you have to give proper notice or pay lieu of notice, settle all dues, return all the properties of the organsiation back and get a no due certificate.

You can send a legal notice through an advocate to your ex company for relieving letter and due salary  and  let's see what is the reply they send you.

The bank cant do so. They can surely take the salary in lieu of notice period and relieve you from service.

Dear Sir,

If you require relieving letter then you have to convince the bank to accept your resignation letter and also accept the equivalent amount for notice period.  In the meanwhile approach new employer and work out possibilities of getting extension in joining time.

If there is such condition then yes the bank can force you to serve the notice period 

The bank might harass you and not give the relieving letter.

Is it a private bank or a PSU

Regards   

No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter. You can leave the job by either giving notice or payment in lieu of notice.The Company's policies and procedures are the supplementary aspects.

Let the Bank not accept your notice and demand you to serve the notice period, you may approach court for remedy.

The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. ... The Company cannot force you to serve the entire notice period.

You may issue a legal notice about this and decide about not attending the office from the effective date of resignation.

The question of relieving letter/experience is most important thing in this episode, so I suggest that when you have mentioned last day of working they at least should inform you regarding that but as they did not then they are responsible for the lapse not you.You join another company/bank and inform them that the experience letter has not been issued by the previous employer if they desired so otherwise keep quite.On the other hand if they do not issue the experience letter or relieving letter then keep pursuing the same from them and at last file an application before the labour authorities.