In a case that could later serve as a reference point, an Ahmedabad-based bank officer has approached the Gujarat HC after the bank refused to entertain his request to withdraw the resignation tendered earlier in favour of another job.
Dipak Makwana works as an assistant manager at Bank Of India. Earlier this year, he was selected as a circle-based officer with State Bank Of India. In accordance with norms, Makwana began serving his three-month notice period after tendering his resignation on July 26. The relieving letter was expected by October-end.
“What is not clear is the Bank Of India’s cognisance of his letter only on October 1. Thereon, the letter was forwarded to the zonal and general managers for acceptance. Anticipating a delay, my client wrote to SBI for an extension of the joining date. It was fixed for November 2,” advocate Riddhesh Trivedi shared Makwana’s ordeal
However, the relieving letter did not come and the Nov 2 date also passed away. Fearing he would lose this job too, Makwana submitted a request for withdrawal of his resignation. “This time, BOI was quick to respond stating that he would be relieved on January 1,” shared the legal counsel appearing for his client before the winter bench.
The HC, listening to the matter Friday, ordered a reply from BOI by January 10. Additionally, Justice Nikhil Kariel observed that the delay by BOI subjected Makwana to mental duress while putting him “in an unenviable position of being deprived of both the original employment and the proposed new offer.”
Meanwhile, the HC ordered Makwana to continue his BOI job. However, should he lose the case, any income from the same post January 1, stands to be surrendered.
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