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Gave resignation and served notice period later asking for money


14-Feb-2023 (In Labour & Service Law)
I join a regional rural bank on 27th june 2011 as Officer. I was post at Madhepura district in Bihar. I resigned from the post of Officer on 28th July 2016, to be effective from 27th October 2016. Thereafter I proceeded on medical leave. Meanwhile on 19th Sept n 15th October, I was asked to pay back certain liability by the bank. I replied to the bank asking reasons for payment of liabilities. Meanwhile on 5th November, I was informed that my resignation hadnot been accepted. Thereafter I requested the management to let me rejoin my service. The bank refused to let me rejoin. I filed a writ petition in the Patna High Court on 13th December 2016. Meanwhile on 25th January, the bank wrote me a letter saying that my service has been terminated with effective from 27-10-2016. The bank didnt either chargesheet me or gave any showcause notice. It simply terminated me. Please suggest me and also tell me what are my chances in the Court?
Answers (2)

Answer #1
662 votes
Private employment is governed by your employment contract.

For a specific answer to your question, and to look at what all option your have, your employment contract need to be looked into. Generally, there are 2 options available to every employee at the time of resignation.

Either you can serve the notice period specified in the employment contract or you can pay your monthly salary for the notice period month(s) as mentioned in your employment contract / letter.
Answer #2
910 votes
Your chancEs are high as per your description, still you furnished a very less detail in respect of your query. In this query also you have a uppee footing and the writ petition will be decided in your favour probably.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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