Resignation from PSU bank
I am a public sector bank officr and wife is an officer in another publuc sector bsnk. My wife joined bank in 2008. In 2008-09 my wife had to take extra orfinery leave of 5 months and maternity leave of 6 months due to pregnency related problems. I was earlier at chennai and got my transfer to my wifes place of posting in 2010 and we are together since then. We have a girl child of 4 yrs goin to school. Since both of us were working my in laws were staying with us and taking care of my child. Now my wife has been transfered to a remote rural place 300 km fron our present place. We have made representations for some nearby branch but in vein. Their regional office was not ready to give any listening stating that you have already taken extra ordinery leaves.In the mean time my in laws due to their health problems have gone back to their native. Due to this issues she has decided to resign and submitted resignation in her present branch. However the regional office refused to accept the same and forced her to join the new branch. My wife went to new branch and after reportingsubmitted leave application for 7 days. After this she joined back for few days and submitted leaave application for 100 days and also submitted resignation. This was done in consultation and as per advise of branch manager. Now, after 10 days, there was no information and when contacted, manager told that regional office has advised him to reject leave and call for explanation. Also he says that the resignation is not accepted by RO. She is not in a position to go back to the new place of posting even for a day as we can not leave our kid.
In this context please advise us on
1. Whether the bank can reject a resignation?
2. We have explained our situation in our letters to the bank snd requested to consider leave applief for as notice period. Can it not be acepted ?
3. Can the bank reject leave application when the ground applied for is to take care of child?
4. Having explained the situation and submitting resignation if the bank insist my wife to go to the new place of posting, will it amount to harrassment in work place?
5. Can her leave be treated as child care leave under the provisions for the same to govt employeed?
Thanks in advance
Your advise will be great relief to us.
Asked 4 years ago in Labour from Coimbatore, Tamil Nadu
1. The Bank can not refuse her resignation letter on personal ground when she has mentioned that she is resigning for being posted at the remote place,
2. Nobody can force anybody to work against her wishes,
3. The action of the Bank can not be called as harassment in working place,
4. Send a legal notice to the Bank asking it to either transfer her to the earlier Branch or accept her resignation since she can not work at the new place since she has to take care of her daughter.
You should file writ in the high court about the policy of the bank. if you think this is more procedural and expensive, please send a legal notice and see what the response they give.The bank will come up with their internal service rules and polices, so to confront this you need a corrective order/instructions to the banks in general from court.There are many who affected by the bizarre transfers which not only violate service rules but also infringe the human rights. Every employer is committed to protect the interest of a female employee .The technicalities of allowing leave and requirement of staff etc are internal matters which can be well accommodated by the bank if considered rightly.
You get the help of a an advocate nearby and take the steps to either send the notice and proceed or go ahead with a writ petition.
The bank can not outrightly decline to accept the resignation.
If you have provided explanation and applied for leave and if leaves are available they can be adjusted against notice period.
The bank's insistance to attend work depite the given situation can not be treated as harassment at work place.It will only be considered as insistence on compliance.
Whether her leave can be considered leave for child care will depend on service rules.In most PSUs there is a provision for leave for child care which is with pay, 50% pay and without pay depending on how long the leave is for.
If the resignation is not being accepted please send the same via registered post or speed post with acknowledgement.
Wait for about 15 days and depending on the response engage a lawyer locally to proceed with sending a legal notice to the erring bank.