Legal Question in Employment Law in India

24.03.2015

Dear Sir / Madam,

Your appointment and service in the Bank is governed by the terms and conditions mentioned in your Offer Letter & Appointment Letter issued to you by the Bank and duly accepted by you at the time of joining the Bank. I can safely assure you that since you have already served and completed the bond tenure, you are in no way liable to pay any monies to the Bank on account of the bond. The only issue that remains is whether you remain liable to pay the notice period salary (basic pay only) for the 45 days shortfall in the notice period i.e if your notice period to be served on resignation as per your Appointment Letter is 3 months, and you have only served a notice period of 45 days, if the Bank has withheld your full and final settlement dues, you should inform the Bank to adjust and recover the 45 days notice period shortfall basic pay salary from your full and final settlement dues, and immediately pay you and settle the remaining pending final settlement amount retained by the Bank. It is you and not the Bank who decides whether or not and for what duration you wish to work with the Bank, so it is inconsequential and irrelevant whether the Bank has acknowledged, accepted or rejected your resignation. Please keep me posted of the outcome of your case.

Regards,