Legal Question in Employment Law in India

I am a PO in UCO bank and want LWP of 7 months for preparation of UPSC. I tried to to get medical leave but they keep sending notices to my house so I had to re-join. I don't think my leave will be sanctioned by bank management under any circumstances. So, I am looking for guidance whether to give them a leave application stating the purpose of leave(preparation for exams) or should I go on leave without any communication?

In case they send Show Cause Notice what should I do and is it a good idea not to receive any of these notices?

Can they drag me to court in regard of execution of bond?

I am willing to pay bond amount but only after 7 months as it will save me around 2 lacs.


Asked on 2/01/15, 1:49 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.02.2015

Dear Sir / Madam,

You should first ascertain the types and extent of leave entitlement that can be availed by a Probationary Officer (PO) during the period of probation in the Bank. In my opinion, 7 months is too long a leave period for preparing and appearing for the UPSC Examination, because you can prepare yourself by reading and referring to exam materials after attending the regular banking hours, and apply for only a fortnight or maximum one month's leave just prior to the date of the UPSC Examination for full-fledged preparation. I see no way that the Bank will sanction you 7 months unpaid leave at a stretch which will be treated as a break in service. You should give them a month's leave application clearly stating for exam preparation. If you proceed on leave without proper communication, you are most likely to lose the job. Yes, the Bank can drag you to Court for non-execution of bond which decision will be left at the Court discretion.

Regards,

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Answered on 2/01/15, 6:42 am


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