• Discharge is valid or not

I joined as PO in a bank (A) in 2009. In May 2011 they discharged from duties without assigning from reason. Later on I filed suit in the court. In JUNE 2012 I joined as PO in another Bank (B). At the time of joining in Bank (B) I told about the problem happened to me with Bank (a). But I did not disclosed about the court case to the Bank (B). and also I did not disclosed about the joining in the Bank (B) to the court. 

The court has pronounced the order to Bank(A) to reinstatement me in the Bank (A) in January 2013. The Bank (A) has offered me to join as per the court order. Initially I asked for 3 months time. Later on I decided not to join & also I left it just like that.

 In June 2013 an advertisement for scale II officer has called by Bank (B). I applied &gone through written exam, GD, Interview & got selected as scale II officer. Now,I disclosed about the court case also at the time of interview. at the time of joining the problem has arise. To join as Scale II officer in Bank (B) I have to resign & have to join newly (since its open recruitment) I did so.

Bank (B) says after the court order discharge letter of May 2011 of Bank (A) has became invalid & asked me to produce valid discharge letter from Bank (A). I approached Bank (A) they are telling you are not employee of our Bank How can we issue discharge letter. Later on they gave me service certificate mentioning about the period I worked from 2009 to May 2011 & I did not joined the Bank (a) after court order. They are telling orally the discharge letter May 2011 is still valid.

Now Bank (b) cancelled my candidature for Scale II mentioning the valid discharge is not available.
Now I am Jobless I want to proceed legally.

Please help me whether the discharge is valid or not.
Asked 10 years ago in Labour

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2 Answers

Your case has become complicated by your acts.Now, you should file writ petition in high court seeking setting aside order of cancellation of your candidature for scale II of Bank (B) and also treating the discharge certificate/experience certificate given by Bank(A) as valid.Please call for any clarification or legal help, if so desire.

S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

I have already answered.For clarification or legal help if you wish ,please feel free to call.

S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

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