• Continuity of Service

My mother works in a Cooperative Bank . Earlier she was working as Junior Clerk on permanent basis. However,bank had given an advertisement in respect of employment of various posts and she being qualified,she applied for the post of MM-1 in Accounts and Tax Department.After the interview,she has selected for the post,she joined to head office without any leave as intimated by bank.Whether the service rendered by her in past as Junior Clerk with bank can continue?
Asked 1 month ago in Business Law from Mumbai, Maharashtra

You have check with the head office employment agreement terms and conditions.

 

1) As she had applied as per newspaper advertising notification so this can be treated as new employment.

2) If this was the situation in internal promotion than your mother's junior clerk service period may have calculated.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

One can not continue with service at any given point of time.

So on joining the new service her previous employment comes to an end with immediate effect.

Moreover since you have joined in the new service you must resign from the previous job as well.

Your present employer insist for NOC from your earlier employer also.

Do accordingly.

 

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

Her services rendered in past as junior clerk in same bank would be counted 

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

See you have to accept the facts of the issues, because here are two scenarios that employment news in the public notice advertisements where this position was opened for all including existing employees of bank and rest of the external applicants.

 

Suppose take the another example, If the external applicant was selected instead of your mother than do you think for that particular applicant previous employment services should be continued in this bank ? The answer is No.

 

Same thing they are treating with your mother.

 

If your mother had got promotion by way of internal job posting than it could have continued all past years of services which she had served in the same bank.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

Since she is working for same organisation she should be granted continuity of service 

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

She should have given technical resignation than her pay protection would have protected. Ask her to give technical resignation, if her resignation accepted , her past service will accumulate

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Since ti is a new posts selected after fresh examination , the new job would not be considered as continuation of service. it is not a departmental examination for promotion that she would be considered to have continued in her job.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

1.  In the mentioned scenario, the employee continues in service and benefits therein, this time as a promoted employee, without any break, by virtue of her promotional exams.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

 if she is promoting within the organization. A formal letter of resignation can aid that transition. 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Yes that service will continue and will be considered but after taking the new post there will be automatoc vacation of earlier post

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

Dear

In this case the experience in the same organization is counted after joining of new post through news paper notification and interview.

But she have to discontinue her services as junior clerk for joining new post in head office.

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

Since she had applied for the present post based on her present employment and experience thereon, her past services may have to be recognised for for pension and other purposes.

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Since she is working in the same organisation he may be eligible for the continuous service.

If you have any doubt about this, you may refer to the regulations of the bank in which she is employed which will clarify your doubts.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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